Agenda, regular meeting — Industry City Council, March 14, 2024

CITY OF INDUSTRY

CITY COUNCIL

REGULAR MEETING OF LOUSINE
Mayor Cory C. Moss
AGENDA
* 1957 Mayor Pro Tem Cathy Marcucci
Council Member Michael Greubel
MARCH 14, 2024 Council Member Mark D. Radecki
9:00 AM Council Member Newell Ruggles
Location: City Council Chambers,
15651 Mayor Dave Way, City of Industry
Califomia
Addressing the City Council:
< Agenda Items: Members of the public may address the City Council on any matter listed on the Agenda.

In order to conduct a timely meeting, there will be a one-minute time limit per person for any matter listed on the Agenda. Anyone wishing to speak to the City Council is asked to complete a Speaker's Card which can be found at the back of the room and at the podium. The completed card should be submitted to the City Clerk prior to the Agenda item being called and prior to the individual being heard by the City Council.

Public Comments (Non-Agenda Items): Anyone wishing to address the City Council on an item not on the Agenda may do so during the "Public Comments" period. In order to conduct a timely meeting, there will be a one-minute time limit per person for the Public Comments portion of the Agenda. prohibits the City Council from taking action on a specific item unless it appears on the posted Agenda.

Anyone wishing to speak to the City Council is asked to complete a Speaker's Card which can be found at the back of the room and at the podium. The completed card should be submitted to the City Clerk prior to the Agenda item being called by the City Clerk and prior to the individual being heard by the City Council.

At the time of publication, no Councilmembers intend to take part in the meeting remotely under the provisions of AB 2449. Should that change between the time of publication and the start of the meeting, a live webcasting of the meeting will be accessible via the link, meeting ID, and meeting passcode listed below. Whenever possible, an announcement will be made at the start of the meeting via the live webcast to confirm whether or not a Councilmember will join remotely. If they will not be joining remotely, then the live webcast will terminate after the announcement.
www.microsoft.com/microsoft-teams/join-a-meeting
Meeting ID: 272 841 120 098
Meeting Passcode: 9foGEL
Or call in (audio only)
+1 657-204-3264,
Phone Conference ID: 466 507 133#
Americans with Disabilities Act:

In compliance with the ADA, if you need special assistance to participate in any City meeting (including assisted listening devices), please contact the City Clerk's Office (626) 333-2211. Notification of at least 48 hours prior to the meeting will assist staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting.

Agendas and other writings:

In compliance with SB 343, staff reports and other public records permissible for disclosure related to open session agenda items are available at City Hall, 15625 Mayor Dave Way, City of Industry, Califomia, at th ffice of the City Clerk during regular business hours, Monday through Thursday 8:00 a.m. to 5:00 p.m Fridays 8:00 a.m. to 4:00 p.m. Any person with a question concerning any agenda item may call the City Clerk's Office at (626) 333-2211.

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
MARCH 14, 2024
PAGE NO. 1
Call to Order
Flag Salute
AB 2449 Vote on Emergency Circumstances (if necessary)
Roll Call
Presentations - City Council Milestone Recognition

CONSENT CALENDAR

6.1 Consideration of the Register of Demands for March 14, 2024 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.

6.2 Consideration of the minutes of the June 13, 2023 special meeting, June 22, 2023 regular meeting, October 12, 2023 regular meeting, October 26, 2023 regular meeting, November 9, 2023 regular meeting, and the February 8, 2024 special meeting
RECOMMENDED ACTION: Approve as submitted.

6.3 Consideration of the Acceptance of a Non-Exclusive Roadway Easement at 15421 East Gale Avenue, City of Industry
RECOMMENDED ACTION: Accept the Non-Exclusive
Roadway Easement and authorize the Mayor to execute the Grant Deed.

6.4 Presentation of the FY 2023-2024 Mid-Year Budget Report, and Consideration of Resolution No. CC 2024-07, adopting the City's Fiscal Year 2023-2024 Proposed Mid-Year Budget Amendments and FY 2023- 2024 Proposed Mid-Year Budget Amendments for the Capital Improvement Program Budget
RECOMMENDED ACTION: Receive and file the FY
24 Mid-Year Budget Report, and adopt Resolution No. CC 2024-07, approving the Proposed FY 24 Mid-Year Budget Amendments.

6.5 Consideration of Amendment No. 3 to the Funding Agreement with Los Angeles County Metropolitan Transportation Authority for the SR 57/60 Confluence, Grand Avenue at Golden Springs Drive
RECOMMENDED ACTION: Approve the Amendment.

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
MARCH 14, 2024
PAGE NO. 2

6.6 Consideration of Amendment No. 1 to the License Agreement with the City of La Puente, for access to Assessor's Parcel No. 8208-025-943, for a community event
RECOMMENDED ACTION: Approve Amendment No.

ACTION ITEMS

7.1 Consideration of Appointment for One (1) Vacant Seat on the Industry Property and Housing Management Authority
RECOMMENDED ACTION: Discuss make
appointment to the Industry Property and Housing Management Authority and/or provide additional direction to Staff.

7.2 Consideration of an Agreement with the California Department of Forestry and Fire Protection, in conjunction with the County of Los Angeles Fire Department for the Tonner Canyon South Vegetation Management Program
RECOMMENDED ACTION: Provide direction to Staff.

PUBLIC HEARINGS

8.1 Introduction and Consideration of Zoning Code Amendment No. 24-01, an Ordinance Amending Title 17 (Zoning) of the City of Industry Municipal Code to Amend Chapter 17.08 (Definitions) and Add Chapter 17.80 (Accessory Dwelling Units and Junior Accessory Dwelling Units), and Adopting a Notice of Exemption Regarding Same, and Making Findings In Support Thereof
RECOMMENDED ACTION: 1) Waive the reading of
Ordinance No. 829, and read by title only; 2) Introduce Ordinance No. 829, an Ordinance of the City Council of the City of Industry, amending Title 17 (Zoning) of the City of Industry Municipal Code, to amend Chapter

17.08 (Definitions) and add Chapter 17.80 (Accessory Dwelling Units and Junior Accessory Dwelling Units), adopting a Notice of Exemption, and making findings in support thereof

8.2 Introduction and Consideration of Zoning Code Amendment No. 24-02, an Ordinance Amending Title 17 (Zoning) of the City of Industry Municipal Code to Amend Chapter 17.08 (Definitions), Chapter 17.18 (Institutional and Making Findings In Support Thereof-CANCELLED

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
MARCH 14, 2024
PAGE NO. 3

CLOSED SESSION

9.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation; Pursuant to Government Code Section 54956.9(d)(2) One potential case

9.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:

Property: Assessor Parcel Numbers 8262-015-901, 8262-012-274 and 8262-012-275
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Beach Street Development LLC
Under Negotiation: Price and terms of payment

9.3 CONFERENCE WITH LEGAL COUNSEL-PENDING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Coraline Rivera Martino, et al. v. City of Industry, et a os Angeles County Superior Court Case No. 22STCV3074:

9.4 CONFERENCE WITH LEGAL COUNSEL-PENDING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Jose Cisneros v. City of Industry, et al.

Los Angeles County Superior Court Case No. 22STCV04118

9.5 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 1 Industry Hills Parkway, City of Industry, CA, 91744 also known as Assessor Parcel Numbers
(portion of) 8247-014-900, (portion of)
8247-013- 908, 8262-001-900, 8262-
001-902, (portion of) 8262-011-930,
8262-011- 931, 8262-012-270, 8262-
012-271, 8262-012-272, 8262-012-273,
(portion of) 8262-012-274, (portion of)
8262-012- 275, 8262-012-276,(portion
of) 8262- 015-900, (portion of) 8262-
015-901, 8262-015-902, 8262-015-904,
(portion of) 8262-015-905, 8263-008-
270, 8263- 008-271, 8263-008-904 and
8263-027-270
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Majestic Industry Hills, LLC, a Delaware limited liability company
Under Negotiation: Price and terms of payment

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
MARCH 14, 2024
PAGE NO. 4

10. CITY MANAGER REPORTS

11. AB 1234 REPORTS

12. CITY COUNCIL COMMUNICATIONS

13. PUBLIC COMMENTS

14. Adjournment. The next regular City Council Meeting is Thursday, March 28, 2024, at 9:00 a.m.

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
MARCH 14, 2024
PAGE NO. 5

CITY COUNCIL
ITEM NO. 6.1

CITY OF INDUSTRY

AUTHORIZATION FOR PAYMENT OF BILLS
CITY COUNCIL MEETING OF MARCH 14, 2024
FUND RECAP:

FUND DESCRIPTION DISBURSEMENTS
100 GENERAL FUND 6,244,387.04
103 PROP A FUND 25,314.88
107 MEASURE W FUND 91,804.74
120 CAPITAL IMPROVEMENTS 639,592.07
TOTAL ALL FUNDS 7,001,098.73
BANK RECAP:

BANK NAME DISBURSEMENTS
BOFA BANK OF AMERICA - CKING ACCOUNT 1,942,756.32
PROP/A PROP A - CKING ACCOUNT 25,314.88
M/W MEASURE W - CKING ACCOUNT 91,804.74
WFBK WELLS FARGO - CKING ACCOUNT 4,941,222.79
TOTAL ALL BANKS 7,001,098.73

APPROVED PER CITY MANAGER DATE
cann 3624
CITY OF INDUSTRY P. 1

BANK OF AMERICA
March 14, 2024
Check Date Payee Name Check Amount
CITYGEN.CHK - City General
WT1363 01/31/2024 JOHN HANCOCK USA $5,869.35
Invoice Date Description Amount
1/6/24-1/19/24 01/31/2024 PARS CONTRIBUTIONS FOR 1/6/24-1/19/24 $5,869.35 WT1364 02/15/2024 CAL-PERS $68,474.26
Invoice Date Description Amount
MAR-24 02/15/2024 CALPERS MEDICAL PREMIUM FOR MARCH 2024 $68,474.26 WT1365 02/15/2024 JOHN HANCOCK USA $6,158.59
Invoice Date Description Amount
1/20/24-2/2/24 02/15/2024 PARS CONTRIBUTIONS FOR 1/20/24-2/2/24 $6,158.59 WT1366 02/15/2024 MIDAMERICA ADMINISTRATIVE & RETI $62,254.12 Invoice Date Description Amount
MAR/APR2024 02/15/2024 RETIREE HEALTH PREMIUM REIMBURSEMENTS $62,254.12 24589 02/22/2024 CITY OF INDUSTRY $1,500,000.00
Invoice Date Description Amount
2/22/2024 02/22/2024 TRANSFER FUNDS-CITY REG 2/22/24 $1,500,000.00 24590 02/23/2024 CITY OF INDUSTRY $300,000.00
Invoice Date Description Amount
2/23/2024 02/23/2024 TRANSFER FUNDS-TO COVER HAND CHECKS $300,000.00 Check Status Count Transaction Amount
Total 6 $1,942,756.32
CITY OF INDUSTRY P. 2
PROP A
March 14, 2024
Check Date Payee Name Check Amount
PROPA.CHK - Prop A Checking
90559 02/28/2024 WALNUT VALLEY WATER DISTRICT $231.41
Invoice Date Description Amount
4906010 02/07/2024 1/1-1/31/24 SVC-IRR METROLINK STN $231.41 90560 03/06/2024 SOUTHERN CALIFORNIA EDISON $251.08
Invoice Date Description Amount
2024-00001490 02/21/2024 1/22-2/20/24 SVC-600 S BREA CYN RD B $251.08 90561 03/14/2024 CNC ENGINEERING $12,620.00
Invoice Date Description Amount
509732 02/29/2024 METROLINK STATION COMMUTER RAIL STATION $897.50 509733 02/29/2024 FULLERTON RD GRADE SEPARATION $11,722.50 90562 03/14/2024 INDUSTRY SECURITY SERVICES $11,051.43
Invoice Date Description Amount
1003 02/09/2024 SECURITY SVC-METROLINK $2,683.20
1016 02/16/2024 SECURITY SVC-METROLINK $2,683.20
1036 02/23/2024 SECURITY SVC-METROLINK $2,951.52
1051 03/01/2024 SECURITY SVC-METROLINK $2,733.51
90563 03/14/2024 SO CAL INDUSTRIES $103.00
Invoice Date Description Amount
676521 02/20/2024 RR RENTAL-METROLINK $103.00
90564 03/14/2024 VALLEY VISTA SERVICES, ING $1,057.96
Invoice Date Description Amount
604395 02/01/2024 DISP SVC-METROLINK (FEB 2024) $528.98 560679 01/01/2024 DISP SVC-METROLINK (JAN 2024) $528.98 CITY OF INDUSTRY P. 3
PROP A
March 14, 2024
Checks Status Count Transaction Amount
Total 6 $25,314.88
CITY OF INDUSTRY P. 4

MEASURE W
March 14, 2024
Check Date Payee Name Check Amount
MEASUREW.WF.CHK - Measure W Wells Fargo Checking
300082 03/14/2024 ANNEALTA GROUP $36,908.75
Invoice Date Description Amount
3103 02/14/2024 STORMWATER COMPLIANCE-JAN 2024 $36,908.75 300083 03/14/2024 CASC ENGINEERING AND CONSULTIN $3,515.00 Invoice Date Description Amount
50570 01/31/2024 NDES CONSULTING SVC $3,515.00
300084 03/14/2024 CIVILTEC ENGINEERING, INC $1,529.75
Invoice Date Description Amount
50211 02/15/2024 FOUR GRADE SEPARATION PUMP STATIONS $1,529.75 300085 03/14/2024 CNG ENGINEERING $19,937.50
Invoice Date Description Amount
509729 02/29/2024 FOUR GRADE SEPARATION PUMP STATIONS $4,125.00 509730 02/29/2024 NPDES STORM WATER $10,685.00
509731 02/29/2024 REPAIRS/UPGRADES TO CITY OWNED PUMP STATION $5,127.50 300086 03/14/2024 LOS ANGELES COUNTY PUBLIC WORI $29,913.74 Invoice Date Description Amount
PW-24021204617 02/12/2024 PUMP HOUSE MAINT $23,467.65
PW-24021204612 02/12/2024 PUMP HOUSE MAINT $6,446.09
Checks Status Count Transaction Amount
Total 5 $91,804.74
CITY OF INDUSTRY P.5

WELLS FARGO WIRE TRANSFERS
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
WT10052 01/10/2024 01/31/2024 CITY OF INDUSTRY-PAYROLL ACCT $75,000.00 Invoice Date Description Amount
1/10/24 01/10/2024 TRANSFER FUNDS TO COVER CITY PAYROLL $75,000.00 Checks Status Count Transaction Amount
Total 1 $75,000.00
CITY OF INDUSTRY P. 6

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82450 02/21/2024 SAN GABRIEL VALLEY WATER CO. $45.55
Invoice Date Description Amount
2024-00001421 02/12/2024 1/10-2/8/24 SVC-336 EL ENCANTO $45.55 82451 02/21/2024 VERIZON BUSINESS $190.99
Invoice Date Description Amount
64551575 02/10/2024 1/1-1/31/24 SVC-VARIOUS SITES $47.29 64551576 02/10/2024 1/1-1/31/24 SVC-VARIOUS SITES $143.70 82452 02/21/2024 WALNUT VALLEY WATER DISTRICT $381.38
Invoice Date Description Amount
4906195 02/07/2024 1/1-1/31/24 SVC-E/S GRAND 215 $111.52 4906188 02/07/2024 1/1-1/31/24 SVC-BAKER PKWY & GRAND $194.36 4906187 02/07/2024 1/1-1/31/24 SVC-GRAND CROSSING WEST $37.75 4906186 02/07/2024 1/1-1/31/24 SVC-GRAND CROSSING EAST $37.75 82453 02/21/2024 CITY OF INDUSTRY-PAYROLL ACCT $300,000.00 Invoice Date Description Amount
PR P/E 2/16/24 02/21/2024 REPLENISH PAYROLL FOR P/E 2/16/24 $300,000.00 82454 02/21/2024 HUMANA INSURANCE COMPANY $7,006.74
Invoice Date Description Amount
389690201 02/13/2024 DENTAL PREMIUM FOR MARCH 2024 $7,006.74 82455 02/21/2024 SPECTRUM $938.99
Invoice Date Description Amount
0362894021024 02/10/2024 BUSINES INTERNET-FEB 2024 $938.99 CITY OF INDUSTRY P. 7

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82456 02/21/2024 WELLS FARGO $13,821.56
Invoice Date Description Amount
1/3-2/2/24-V 02/02/2024 CREDIT CARD EXPENSE P/E 2/2/24-VERONICA $8,765.53 1/3-2/2/24-S 02/02/2024 CREDIT CARD EXPENSE P/E 2/2/24-SAM $3,245.40 .1/3-2/2/24-J 02/02/2024 CREDIT CARD EXPENSE P/E 212124-JOSH $1,810.63 82457 02/27/2024 EAST SAN GABRIEL VALLEY COALITIC $5,000.00 Invoice Date Description Amount
2/22/2024 02/22/2024 SPONSORSHIP FOR HOMELESS PROGRAMS $5,000.00 82458 02/27/2024 LOS ANGELES REGIONAL FOOD BANF $5,000.00 Invoice Date Description Amount
2/22/2024 02/22/2024 DONATION FOR FOOD PANTRY THROUGH CITY OF EL $5,000.00 82459 02/2712024 MUTUAL OF OMAHA - PAYMENT PROC $6,407.23 Invoice Date Description Amount
1658953155 02/14/2024 LIFE INS PREMIUM FOR MARCH 2024 $6,407.23 82460 02/2712024 UNUM LIFE INSURANCE COMPANY OF $7,806.00 Invoice Date Description Amount
3/1-3/31/24 02/19/2024 LONG TERM CARE PREMIUM FOR MARCH 2024 $7,806.00 82461 02/28/2024 FRONTIER $311.62
Invoice Date Description Amount
2024-00001442 02/10/2024 2/10-3/09/24 SVC-600 BREA CYN RD $311.62 CITY OF INDUSTRY P. 8

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82462 02/28/2024 INDUSTRY PUBLIC UTILITY COMMISSI $16,405.53 Invoice Date Description Amount
2024-00001440 02/14/2024 1/1-2/1/24 SVC-600 BREA CYN $9,366.18 2024-00001441 02/14/2024 1/1-2/1/24 SVC-600 S BREA CYN RD CHARGING STN $7,039.35 82463 02/28/2024 SOCALGAS $30.58
Invoice Date Description Amount
2024-00001443 02/15/2024 1/13-2/13/24 SVC-1004 U FAIRWAY DR $15.29 2024-00001444 02/15/2024 1/13-2/13/24 SVC-610 S BREA CYN $15.29 82464 02/28/2024 SOUTHERN CALIFORNIA EDISON $14,844.71
Invoice Date Description Amount
2024-00001445 02/14/2024 1/16-2/13/24 SVC-PECK RD S/O PELLISSIER $64.91 2024-00001446 02/14/2024 1/16-2/13/24 SVC-17635 GALE AVE $2,612.64 2024-00001447 02/14/2024 1/16-2/13/24 SVC-1023 U FAIRWAY DR $254.84 2024-00001448 02/14/2024 1/16-2/13/24 SVC-VARIOUS SITES $80.16 2024-00001449 02/14/2024 1/16-2/13/24 SVC-VARIOUS SITES $7,837.30 2024-00001450 02/14/2024 1/16-2/13/24 SVC-1341 FULLERTON RD $141.15 2024-00001451 02/14/2024 1/10-2/13/24 SVC-VARIOUS SITES $2,268.68 2024-00001452 02/15/2024 1/17-2/14/24 SVC-900 NOGALES U $1,391.55 2024-00001455 02/20/2024 1/16-2/13/24 SVC-VARIOUS SITES $80.14 2024-00001456 02/20/2024 1/19-2/19/24 SVC-VARIOUS SITES $113.34 82465 02/28/2024 WALNUT VALLEY WATER DISTRICT $1,066.43 Invoice Date Description Amount
4906158 02/07/2024 1/1-1/31/24 SVC-BAKER PKWY METER #1 $116.55 4906159 02/07/2024 1/1-1/31/24 SVC-BAKER PKWY METER #2 $152.99 CITY OF INDUSTRY P. 9

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
4906165 02/07/2024 1/1-1/31/24 SVC-GRAND AVE CROSSING $116.55 4906166 02/07/2024 1/1-1/31/24 SVC-GRAND AVE CROSSING $113.69 4906168 02/07/2024 1/1-1/31/24 SVC-22002 VALLEY BLVD $336.41 4906226 02/07/2024 1/1-1/31/24 SVG-21627 GRAND CROSSING PKWY #3 $115.12 4906227 02/07/2024 1/1-1/31/24 SVC-21627 GRAND CROSSING PKWY #4 $115.12 82466 03/06/2024 AT & T $118.26
Invoice Date Description Amount
2024-00001463 02/17/2024 2/17-3/16/24 SVC-TONNER GUARD SHACK $118.26 82467 03/06/2024 AT & T $179.00
Invoice Date Description Amount
1049586803 02/23/2024 1/19-2/19/24 SVC-600 S BREA CYN-METROLINK $179.00 82468 03/06/2024 FRONTIER $404.55
Invoice Date Description Amount
2024-00001461 02/19/2024 2/19-3/18/24 SVG-23400 E FORK AZUSA $97.24 2024-00001467 02/16/2024 2/16-3/15/24 SVC-PH AUTO PLAZA $208.38 2024-00001468 02/16/2024 2/16-3/15/24 SVC-BREA CYN PUMP STN $98.93 82469 03/06/2024 SAN GABRIEL VALLEY WATER CO. $4,995.38 Invoice Date Description Amount
2024-00001466 02/21/2024 1/22-2/20/24 SVC-IRRIG SALT LAKE/SEVENTH $232.34 2024-00001470 02/21/2024 1/22-2/20/24 SVC-CROSSROADS PKWY S $327.93 2024-00001471 02/21/2024 1/22-2/20124 SVC-STA 103-80 CROSSROADS PKWY S $136.64 2024-00001472 02/21/2024 1/22-2/20/24 SVC-CROSSROADS PKWY S $1,971.29 2024-00001473 02/21/2024 1/22-2/20/24 SVC-CROSSROADS PKWY N $714.87 CITY OF INDUSTRY P. 10

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2024-00001474 02/21/2024 1/22-2/20/24 SVC-STA 129-00 CROSSROADS PKWY N $250.45 2024-00001475 02/21/2024 1/22-2/20/24 SVC-STA 111-50 CROSSROADS PKWY N $195.82 2024-00001476 02/21/2024 1/22-2/20/24 SVC-PELLISSIER $218.68 2024-00001477 02/21/2024 1/22-2/20/24 SVC-PELLISSIER $150.30 2024-00001478 02/21/2024 1/22-2/20/24 SVC-PECK/UNION PACIFIC B $218.68 2024-00001479 02/21/2024 1/22-2/20/24 SVC-S/E COR OF PELLISSIER $255.10 2024-00001480 02/21/2024 1/22-2/20/24 SVC-PELLISSIER $323.28 82470 03/06/2024 SOCALGAS $154.26
Invoice Date Description Amount
2024-00001462 02/23/2024 1/22-2/21/24 SVC-15415 DON JULIAN RD $138.38 2024-00001469 02/22/2024 1/19-2/20/24 SVC-13756 VALLEY BLVD $15.88 82471 03/06/2024 SOUTHERN CALIFORNIA EDISON $11,149.77
Invoice Date Description Amount
2024-00001460 02/21/2024 1/22-2/21/24 SVC-21380 VALLEY PED $1.08 2024-00001464 02/22/2024 1/19-2/19/24 SVC-1015 NOGALES ST $1,311.79 2024-00001465 02/23/2024 1/24-2/22/24 SVC-VARIOUS SITES $449.05 2024-00001481 02/27/2024 1/26-2/26/24 SVC-15530 STAFFORD ST $893.45 2024-00001482 02/27/2024 1/26-2/26/24 SVC-205 N HUDSON AVE $432.06 2024-00001483 02/23/2024 1/22-2/20/24 SVC-575 BREA CYN RD $8.32 2024-00001484 02/23/2024 1/24-2/22/24 SVC-VARIOUS SITES $1,685.35 2024-00001485 02/20/2024 1/16-2/13/24 SVC-VARIOUS SITES $4,628.71 2024-00001486 02/21/2024 1/3-2/20/24 SVC-VARIOUS SITES $848.66 2024-00001487 02/21/2024 1/22-2/20/24 SVC-1007 LAWSON ST TC1 $77.79 2024-00001488 02/21/2024 1/22-2/20/24 SVC-1004 U FAIRWAY DR $792.04 2024-00001489 02/21/2024 1/22-2/20/24 SVC-580 BREA CYN RD $21.47 CITY OF INDUSTRY P. 11

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82472 03/06/2024 SUBURBAN WATER SYSTEMS $187.01
Invoice Date Description Amount
180061864967 02/23/2024 1/24-2/23/24 SVC-205 HUDSON AVE $51.55 180013210103 02/27/2024 1/25-2/26/24 SVC-AZUSA & GEMINI $135.46 82473 03/05/2024 FIDELITY SECURITY LIFE INSURANCEI $1,260.62 Invoice Date Description Amount
166193926 03/01/2024 VISION PREMIUM FOR MARCH 2024 $1,260.62 82474 03/06/2024 ROWLAND WATER DISTRICT $2,332.48
Invoice Date Description i Amount
2024-00001492 02/28/2024 1/7-2/6/24 SVC-AZUSA AVE RC $101.11 2024-00001493 02/28/2024 1/7-2/6/24 SVC-755 NOGALES AT-RC $291.51 2024-00001494 02/28/2024 1/7-2/6/24 SVC-909 U NOGALES ST-IRR $256.32 2024-00001495 02/28/2024 1/7-2/6/24 SVC-1100 S AZUSA AVE $203.68 2024-00001496 02/28/2024 1/7-2/6/24 SVC-1123 HATCHER ST STE D $193.44 2024-00001497 02/28/2024 1/7-2/6/24 SVC-1135 HATCHER AVE $112.80 2024-00001498 02/28/2024 1/7-2/6/24 SVC-1123 HATCHER ST STE C $148.92 2024-00001499 02/28/2024 1/7-2/6/24 SVC-1015 NOGALES ST-PUMP HOUSE $695.66 2024-00001500 02/28/2024 1/7-2/6/24 SVC-1023 NOGALES ST-IRR $329.04 82475 03/14/2024 100% AUTO CARE & DETAILED $550.00
Invoice Date Description Amount
125 02/12/2024 CAR WASH SVC-CITY VEHICLES $300.00
126 02/26/2024 CAR WASH SVC-CITY VEHICLES $250.00
CITY OF INDUSTRY P. 12

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82476 03/14/2024 ACORN TECHNOLOGY SERVICES $19,200.00
Invoice Date Description Amount
11112 03/01/2024 NETWORK MAINT $19,200.00
82477 03/14/2024 ADVANTEC CONSULTING ENGINEERS $175.00
Invoice Date Description Amount
9803-0230-16 0212712024 INTELLIGENT TRANSPORTATION SYSTEM-JAN 2024 $175.00 82478 03/14/2024 AIRESPRING INC $1,347.37
Invoice Date Description Amount
182008702 02/16/2024 INTERNET SVC-HOMESTEAD $1,347.37
82479 03/14/2024 ANDRUES/PODBERESKY, APLC $44,025.00
Invoice Date Description Amount
03484 02/05/2024 LEGAL SVC-JAN 2024 $44,025.00
82480 03/14/2024 ANNEALTA GROUP $50,270.00
Invoice Date Description Amount
3104 02/14/2024 GENERAL DEV SVC-JAN 2024 $44,715.00
3106 02/14/2024 14940 PROCTOR AVE $417.50
3110 02/14/2024 18007 GALE AVE $1,845.00
3108 02/14/2024 16010 & 16020 PHOENIX $377.50
3107 02/14/2024 15940-16012 AMAR RD $1,512.50
3109 02/14/2024 17969 RAILROAD ST $240.00
3112 02/14/2024 18558 GALE AVE $135.00
3113 02/14/2024 18248 GALE AVE $640.00
3115 02/14/2024 184 S 6TH ST $160.00
CITY OF INDUSTRY P. 13

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
3116 02/14/2024 18558 GALE AVE STE 186 & 188 $160.00
3111 02/14/2024 17585 COLIMA RD $67.50
82481 03/14/2024 ARCADIS $912.50
Invoice Date Description Amount
10018306 02/23/2024 DESIGN SVC FOR EW BICYCLE PATH $912.50 82482 03/14/2024 AVANT-GARDE, INC $412.50
Invoice Date Description Amount
10046 02/19/2024 STIMSON AVE IMPROVEMENT $412.50
82483 03/14/2024 B&D LAW GROUP APLC $90,000.00
Invoice Date Description Amount
2/29/2024 02/29/2024 SETTLEMENT AGREEMENT $90,000.00
82484 03/14/2024 B2 PRINT, LLC $627.58
Invoice Date Description Amount
0012635 02/29/2024 COI-LASER CHECKS $627.58
82485 03/14/2024 BCN TELECOM, INC. $99.21
Invoice Date Description Amount
23691560 02/15/2024 PHONE LINE FOR ELEVATOR-CITY HALL $99.21 82486 03/14/2024 BLAKE AIR CONDITIONING COMPANY $2,367.67 Invoice Date Description Amount
M56286 11/01/2022 A/C MAINT-IBC $1,385.67
65676 02/29/2024 REPLACE MOTOR STARTER-IBC $982.00
CITY OF INDUSTRY P. 14

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82487 03/14/2024 CALIFORNIA CONSULTING, INC. $4,750.00
Invoice Date Description Amount
6622 02/29/2024 GRANT WRITING AND MGMT SVC $4,750.00
82488 03/14/2024 CASC ENGINEERING AND CONSULTIN $6,350.90 Invoice Date Description Amount
0050644 01/31/2024 IS/MND FOR 17969 RAILROAD ST $3,673.70 0050637 01/31/2024 14940 PROCTOR AVE $2,306.20
0050645 01/31/2024 APN 15940-16012 AMAR RD/15940-16065 KAPLAN AVE $371.00 82489 03/14/2024 CHEM PRO LLC 51,083.20
Invoice Date Description Amount
IN137307 01/01/2024 WATER TREATMENT-VARIOUS SITES $1,083.20 82490 03/14/2024 CINTAS CORPORATION LOC 693 $639.52
Invoice Date Description Amount
4183786656 02/19/2024 DOOR MATS $83.62
5198830694 02/21/2024 FIRST AID SUPPLIES $129.14
4184476211 02/26/2024 DOOR MATS $83.62
9261938677 03/01/2024 LEASE FOR AED MACHINE-HOMESTEAD $141.26 9261977928 03/01/2024 LEASE FOR AED MACHINE-CITY HALL $118.26 4185202847 03/04/2024 DOOR MATS $83.62
82491 03/14/2024 CITY OF INDUSTRY $248.41
Invoice Date Description Amount
2024-00000045 02/29/2024 IH FUELS PUMP-CITY HALL VEHICLES $248.41 CITY OF INDUSTRY P. 15

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82492 03/14/2024 CITY OF INDUSTRY-PAYROLL ACCT $150,000.00 Invoice Date Description Amount
PR P/E 3/1/24 03/06/2024 REPLENISH PAYROLL P/E 3/1/24 $150,000.00 82493 03/14/2024 CNC ENGINEERING $283,608.25
Invoice Date Description Amount
509711 02/29/2024 2022-2023 ANNUAL SLURRY SEAL $3,300.00 509654 02/29/2024 DESIGN-BUILD FOR SOLAR CARPORT CANOPY $2,727.50 509655 02/29/2024 CITYWIDE ADA SELF-EVALUATION/TRANSITION PLAN $405.00 509656 02/29/2024 CITYWIDE SIGNAGE UPDATE $450.00
509657 02/29/2024 FULLERTON RD RECONSTRUCTION $10,995.00 509658 02/29/2024 GALE AVE REALIGNMENT $23,604.50
509659 02/29/2024 WALNUT DR NORTH WIDENING $7,285.00
509660 02/29/2024 PRELIMINARY DESIGN OF EW BICYCLE PATH $3,025.00 509661 02/29/2024 PRELIMINARY DESIGN OF EW BICYCLE PATH $5,982.50 509662 02/29/2024 GENERAL ENG SVC-DEV PLANS AT IBC $603.75 509663 02/29/2024 GENERAL ENG SVC-TRAFFIC SIGNAL LIGHTS UPGRAD $490.00 509664 02/29/2024 GENERAL ENG SVC-TRAFFIC $10,432.50
509665 02/29/2024 GENERAL ENG SVC 2/5-2/25/24 $3,040.00 509666 02/29/2024 GENERAL ENG SVC-COUNTER SERVICE $8,553.75 509667 02/29/2024 GENERAL ENG SVC-PERMITS $36,113.75
509668 02/29/2024 GENERAL ENG SVC-PLAN APPROVAL $23,298.75 509669 02/29/2024 GENERAL ENG SVC 2/5-2/25/24 $90,675.00 509670 02/29/2024 TONNER CYN PROPERTY $2,810.00
509671 02/29/2024 TONNER CYN PROPERTY $4,897.50
509672 02/29/2024 REPLACEMENT OF STEEL WATERLINE-BREA CREEK $4,505.00 CITY OF INDUSTRY P. 16

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
509673 02/29/2024 COLIMA RD WIDENING $170.00
509674 02/29/2024 STREET LIGHT INSTALLATION AT PROCTOR AVE $6,100.00 509675 02/29/2024 CHINO RANCH #1 DAM RENOVATION $1,665.00 509676 02/29/2024 SALT LAKE AVE IMPROVEMENTS $3,225.00
02/29/2024 NELSON AVE RESURFACING $8,205.00
02/29/2024 INDUSTRY BUSINESS COUNCIL IMPROVEMENTS $490.00 02/29/2024 INDUSTRY BUSINESS COUNCIL IMPROVEMENTS $190.00 02/29/2024 15660 MAYOR DAVE WAY (YAL BLDG) $108.75
02/29/2024 CITY ADMINISTRATIVE OFFICES $3,180.00
02/29/2024 INDUSTRY BUSINESS COUNCIL CHAMBERS $852.50
02/29/2024 CITY COUNCIL CHAMBERS IMPROVEMENTS $245.00
02/29/2024 HOMESTEAD MUSEUM IMPROVEMENTS $382.50
02/29/2024 STIMSON AVE CROSSING $150.00
989609 02/29/2024 CALIFORNIA AVE CROSSING IMPROVEMENTS $12,610.00 509689 02/29/2024 EL ENCANTO IMPROVEMENTS AND MAINT $2,600.00 509690 02/29/2024 EL ENCANTO BOILER REPLACEMENT $240.00 82494 03/14/2024 CNC ENGINEERING $180,332.50
Invoice Date Description Amount
509687 02/29/2024 METROLINK-MAINT OF PARKING LOT $285.00 509688 02/29/2024 FIRE DAMAGE REPAIR OF EV AND SOLAR ENERGY $772.50 02/29/2024 SAN JOSE AVE RECONSTRUCTION $8,880.00
02/29/2024 INDUSTRY HILLS FUEL TANKS DISPENSING $1,488.75 02/29/2024 605 FWY AND VALLEY BLVD INTERCHANGE $347.50
02/29/2024 HIGHWAY BRIDGE PROGRAM FUNDING $2,187.50
02/29/2024 FISCAL YEAR BUDGET $1,102.50
02/29/2024 ROWLAND ST RECONSTRUCTION $540.00
CITY OF INDUSTRY P. 17

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
509697 02/29/2024 BIXBY DR PCC PAVEMENT $9,900.00
509698 02/29/2024 FOLLOW'S CAMP PROJECT $365.00
509699 02/29/2024 VARIOUS ASSIGNMENTS RELATED TO SA $2,910.00 509700 02/29/2024 NELSON AVE INTERSECTION $18,957.50
509701 02/29/2024 MAINT OF 1123 HATCHER AVE $377.50
509702 02/29/2024 15559-15650 RAUSCH RD (POST OFFICE) $78.75 509703 02/29/2024 TARGET SPEED SURVEY $900.00
509704 02/29/2024 CARTEGRAPH MGMT $52,762.50
509705 02/29/2024 ADA COMPLIANCE ON PUBLIC RIGHT OF WAY $180.00 509706 02/29/2024 15710-15718 RAUSCH RD BLDG IMPROVEMENT $665.00 509707 02/29/2024 GALE AVE RESURFACING $240.00
509708 02/29/2024 ANNUAL PAVEMENT REHABILITATION $1,460.00 509709 02/29/2024 STREET LIGHT INSTALLATION AT PROCTOR AVE $105.00 509710 02/29/2024 ANNUAL PAVEMENT REHABILITATION $4,260.00 214609 02/29/2024 DON JULIAN RD IMPROVEMENTS $6,345.00
81 4609 02/29/2024 INTELLIGENT TRANSPORTATION SYSTEM $900.00 509714 02/29/2024 CITYWIDE LICENSE PLATE CAMERA READER $600.00 (14609 02/29/2024 PHYLLIS TUCKER MEMORIAL $1,365.00
914609 02/29/2024 REMOTE MONITORING SYSTEM FOR STREET LIGHTS $11,435.00 509717 02/29/2024 RAILROAD STREET PAVEMENT REHABILITATION $37,120.00 814609 02/29/2024 9TH AVE PAVEMENT REHABILITATION $6,637.50 509719 02/29/2024 NELSON AVE & WILLOW AVE SAFETY IMPROVEMENTS $190.00 509720 02/29/2024 PAVEMENT MANAGEMENT PLAN 2022 $6,412.50 509721 02/29/2024 SR57/60 CONFLUENCE IMPROVEMENT $225.00 274609 02/29/2024 TURNBULL CYN RD GRADE SEPARATION $337.50 82495 CODE 3 CREATIONS $227.21
CITY OF INDUSTRY P. 18

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
2181 02/23/2024 UPDATED DESK NAME PLATES-COUNCIL CHAMBERS $227.21 82496 03/14/2024 D.S. EWING ARCHITECTS, INC. $24,525.00 Invoice Date Description Amount
24-11655 02/26/2024 CIVIC CENTER MASTER PLAN STUDY $24,525.00 82497 03/14/2024 DAPEER, ROSENBLIT, AND LITVAK, LI $1,094.29 Invoice Date Description Amount
22609 01/31/2024 SPECIALIZED LEGAL SVC-JAN 2024 $606.49 22608 01/31/2024 GENERAL CODE ENFORCEMENT $487.80
82498 03/14/2024 DELL MARKETING LP $1,447.99
Invoice Date Description Amount
10696926178 09/06/2023 PURCHASE DELL LAPTOP FOR HVAC SYSTEM-IBC $1,447.99 82499 03/14/2024 DEPT OF ANIMAL CARE & CONTROL $4,981.67 Invoice Date Description Amount
2/25/2024 02/25/2024 SHELTER COST-JAN 2024 $4,981.67
82500 03/14/2024 DUTHIE POWER SERVICES $3,982.35
Invoice Date Description Amount
S124680 03/01/2024 CLEAR FAULTY CODE TO GENERATOR-CITY HALL $3,982.35 82501 03/14/2024 EGOSCUE LAW GROUP, INC. $600.00
Invoice Date Description Amount
14301 03/01/2024 LEGAL SVC-FOLLOW'S CAMP $600.00
CITY OF INDUSTRY P. 19

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82502 03/14/2024 EL ENCANTO HEALTHCARE $600,000.00
Invoice Date Description Amount
2/22/2024 02/22/2024 FINANCIAL ASSISTANCE FY 23/24-EL ENCANTO $600,000.00 82503 03/14/2024 ELECTRA-MEDIA, INC $14,537.06
Invoice Date Description Amount
#10CITY-1467-R 03/01/2024 RETENTION-PUENTE HILLS AUTO CENTER PYLON SIG $14,537.06 82504 03/14/2024 ENTERPRISE MAPS LLC $22,035.00
Invoice Date Description Amount
180 02/15/2024 AMAZON WEB SERVICES $9,105.00
181 02/21/2024 AMAZON WEB SERVICES $6,705.00
182 02/28/2024 AMAZON WEB SERVICES $6,225.00
82505 03/14/2024 ESPY'S ELECTRICAL SERVICES INC. $7,400.00 Invoice Date Description Amount
1308 02/28/2024 SERVICE ROOF EXHAUST FANS-EL ENCANTO $7,400.00 82506 03/14/2024 FIRST AMERICAN DATA TREE, LLC $200.00
Invoice Date Description Amount
20088320224 02/29/2024 PROPERTY DATA INFORMATION $200.00 82507 03/14/2024 FOOTHILL TRANSIT $1,100.00
Invoice Date Description Amount
3/4/2024 03/04/2024 REIMBURSEMENT FOR LEGISLATIVE CONFERENCE-JC $1,100.00 CITY OF INDUSTRY P. 20

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82508 03/14/2024 FUEL PROS, INC. $749.95
Invoice Date Description Amount
72969 02/23/2024 REPAIR FUEL STN-INDUSTRY HILLS $499.95 72891 02/21/2024 INDUSTRY HILLS FUEL STN MAINT $250.00
82509 03/14/2024 GMS ELEVATOR SERVICES, INC $155.15
Invoice Date Description Amount
119157 03/01/2024 ELEVATOR MAINT-CITY HALL $155.15
82510 03/14/2024 GRANITE TELECOMMUNICATIONS, LU $297.14 Invoice Date Description Amount
637394898 03/01/2024 PHONE SVC FOR FIRE ALARMS-HOMESTEAD $297.14 82511 03/14/2024 HAZZARD BACKFLOW INC. $250.00
Invoice Date Description Amount
37176 02/22/2024 10% DEPOSIT TO INSTALL VALVES-EL ENCANTO $250.00 82512 03/14/2024 HINDERLITER, DE LLAMAS AND ASSO $9,340.68 Invoice Date Description Amount
SINO36094 02/27/2024 AUDIT SVC-SALES TAX (JAN-MAR 2024) $9,340.68 82513 03/14/2024 IDS GROUP, INC. $2,276.00
Invoice Date Description Amount
21X79.00-13 01/31/2024 ENGINEERING DESIGN-METROLINK $1,546.00 21X62.00-13 02/22/2024 ELECTRICAL SVC-UPGRADE CITY HALL $730.00 82514 03/14/2024 INDUSTRY BUSINESS COUNCIL $125,762.94
CITY OF INDUSTRY P. 21

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
NOVEMBER 2023 02/22/2024 EXPENSE REIMBURSEMENT-NOV 2023 $125,762.94 82515 03/14/2024 INDUSTRY SECURITY SERVICES $132,687.86 Invoice Date Description Amount
1004 02/09/2024 SECURITY SVC-VARIOUS CITY SITES $22,186.71 1005 02/09/2024 SECURITY SVC 212-218124 $10,453.20
1018 02/16/2024 SECURITY SVC 219-2/15/24 $10,453.20
1019 02/16/2024 SECURITY SVC-VARIOUS CITY SITES $22,186.71 1038 02/23/2024 SECURITY SVC-VARIOUS CITY SITES $23,742.13 1037 02/23/2024 SECURITY SVC 2/16-2/22/24 $11,026.00
1052 03/01/2024 SECURITY SVC 2/23-2/29/24 $10,453.20
1050 03/01/2024 SECURITY SVC-VARIOUS CITY SITES $22,186.71 82516 03/14/2024 INTERIOR IMAGES, INC. $46,147.92
Invoice Date Description Amount
3095 02/08/2024 INTERIOR DESIGN-IBC $3,204.65
3094 02/08/2024 INTERIOR DESIGN-CITY HALL GYM RESTROOM $467.20 3096 02/08/2024 INTERIOR DESIGN-EL ENCANTO FACILITY $4,818.80 1695-1 02/19/2024 50% DEPOSIT FOR LOBBY FURNITURE-EL ENCANTO $37,657.27 82517 03/14/2024 JEFF PARRIOTT PHOTOGRAPHIC SER $4,701.42 Invoice Date Description Amount
CO10324 03/01/2024 PROF SVC-HOMESTEAD $4,701.42
82518 03/14/2024 JOE A. GONSALVES & SON $10,000.00
Invoice Date Description Amount
CITY OF INDUSTRY P. 22

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
161406 02/20/2024 LEGISLATIVE SVC-FEB 2024 $10,000.00
82519 03/14/2024 JONES MAYER $1,271.80
Invoice Date Description Amount
120433 02/22/2024 LEGAL SVC-LA COUNTY ZERO BAIL PROGRAM $1,271.80 82520 03/14/2024 KATHY TAI $100.04
Invoice Date Description Amount
2/12/24 02/12/2024 REIMBURSE FOR TRAVEL EXPENSE-CLE INTERNATION $100.04 82521 03/14/2024 KEENAN AND ASSOCIATES $280.00
Invoice Date Description Amount
301228 02/12/2024 COI BOND COVERAGE FOR ELISE CALVO (2/1/24-2/1/2E $70.00 301229 02/12/2024 COI BOND COVERAGE FOR VERONICA MEJIA (2/1/24-2; $70.00 301223 02/09/2024 COI BOND COVERAGE FOR JULIE ROBLES (211/24-2/112 $70.00 301227 02/12/2024 COI BOND COVERAGE FOR JOSH NELSON (2/1/24-2/1/2 $70.00 82522 t0Z/t//80 LA COUNTY DEPT OF PUBLIC WORKS $5,222.99 Invoice Date Description Amount
IN240000584 02/12/2024 ACCIDENT-BIXBY DR @ GALE AVE $2,202.85 649000021 02/12/2024 ACCIDENT-CALIFORNIA AVE @ NELSON AVE $3,020.14 82523 03/14/2024 L A COUNTY DEPT OF PUBLIC WORKS $74,149.30 Invoice Date Description Amount
IN240000606 02/29/2024 BLDG & SAFETY-ONE STOP SHOP FOR DEC 2023 $74,149.30 82524 03/14/2024 L A COUNTY SHERIFF'S DEPARTMENT $1,512,649.71 CITY OF INDUSTRY P. 23

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
242036EC 02/19/2024 SHERIFF CONTRACT-JAN 2024 $1,089,188.97 242215EC 02/25/2024 SPECIAL EVENT-DIRECTED PATROL (OCT 2023) $143,198.59 242216EC 02/25/2024 SPECIAL EVENT-DIRECTED PATROL (NOV 2023) $105,543.60 242214EC 02/25/2024 SPECIAL EVENT-DIRECTED PATROL (DEC 2023) $174,718.55 82525 03/14/2024 LA PUENTE VALLEY COUNTY WATER $289.33
Invoice Date Description Amount
BS;02/24 02/21/2024 WATER MONITORING-BOY SCOUTS RESERVE $289.33 82526 03/14/2024 LCR EARTHWORK & ENGINEERING, C $293,290.17 Invoice Date Description Amount
#3CITY-1491 03/01/2024 FULLERTON RD RECONSTRUCTION $308,726.50 82527 03/14/2024 LEIGHTON CONSULTING INC $16,414.00
Invoice Date Description Amount
61105 02/17/2024 PAVEMENT REHABILITATION-PELLISSIER PL $16,414.00 82528 03/14/2024 LOS ANGELES BUSINESS JOURNAL $4,755.00 Invoice Date Description Amount
1611-R 12/25/2023 PUBLICATION IN THE LA BUSINESS JOURNAL $4,755.00 82529 03/14/2024 LOS ANGELES COUNTY PUBLIC WORI $82,851.24 Invoice Date Description Amount
PW-24021204576 02/12/2024 FLOOD CONTROL PLAN REVIEW-NELSON/SUNSET $114.89 PW-24021204642 02/12/2024 STREET SIGN REPAIR $1,073.99
PW-24021204861 02/12/2024 TRAFFIC SIGNAL MAINT $5,325.76 CITY OF INDUSTRY P. 24

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
PW-24021204860 02/12/2024 TRAFFIC SIGNAL MAINT $16,988.14 PW-24021204862 02/12/2024 TRAFFIC SIGNAL MAINT $3,455.12 PW-24021204577 02/12/2024 REVIEW DESIGN PLANS-GRADE SEPARATION $6,422.27 PW-24021204603 02/12/2024 STORM DAMAGE RESPONSE $10,442.31 PW-24021204607 02/12/2024 STREET MAINT/INSPECTION $2,670.58 PW-24021204632 02/12/2024 PAVEMENT PATCHING $282.47
PW-24021204606 02/12/2024 PAVEMENT PATCHING $12,720.85
PW-24021204605 02/12/2024 INSPECTION OF SIDEWALK $20,363.22 PW-24021204604 02/12/2024 LITTER/DEBRIS REMOVAL $395.41 PW-24021204616 02/12/2024 EMERGENCY ROAD CLOSURE $2,596.23 82530 03/14/2024 LOS ANGELES LEATHERCRAFT $1,612.90
Invoice Date Description Amount
2/26/2024 02/26/2024 HOMESTEAD MUSEUM STORE MERCHANDISE $1,612.90 82531 03/14/2024 M. BREY ELECTRIC, INC. DBA MBE CC $17,363.04 Invoice Date Description Amount
#3CITY-1497-R 03/01/2024 RETENTION-INDUSTRY BUSINESS COUNCIL INTERIOR $17,363.04 82532 03/14/2024 MMASC $125.00
Invoice Date Description Amount
9244 02/28/2024 MEMBERSHIP DUES FY 24/25-YVETTE PADILLA $125.00 82533 03/14/2024 MORTISE & TENON BUILDING CORP $18,775.34 Invoice Date Description Amount
156250162 02/11/2024 MAINTENANCE REPAIRS-EL ENCANTO $9,948.22 156250166 02/21/2024 MAINTENANCE REPAIRS-EL ENCANTO $4,921.86 CITY OF INDUSTRY P. 25

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
156250217 02/21/2024 •INSTALL DATA GROMMET-CITY HALL $250.00 156250216 02/21/2024 INSTALL NEW HEATER-GUARD SHACK @EL ENCANTC $709.16 156250212 02/11/2024 REPAIR ROOF LEAK-IBC GUARD SHACK $2,946.10 82534 03/14/2024 MR PLANT & INTERIOR BOTANICAL DE $850.00 Invoice Date Description Amount
MAR 21596 03/01/2024 PLANT MAINT-MAR 2024 $850.00
82535 03/14/2024 MUNI-ENVIRONMENTAL, LLC $22,452.30
Invoice Date Description Amount
24-009 02/19/2024 COMMERCIAL WASTE PROGRAM $22,452.30
82536 03/14/2024 MX GRAPHICS, INC. $3,019.22
Invoice Date Description Amount
30310 01/23/2024 MICROFICHE SCANS-1123 S HATCHER $2,207.52 30559 02/21/2024 BLUEPRINT SVC-MP 22 16 $811.70
82537 03/14/2024 NEXTIVA, INC. $2,144.44
Invoice Date Description Amount
40002401959 02/24/2024 PHONE SVC FOR YAL $277.94
40002413861 02/27/2024 CITY HALL PHONE SVC $1,546.13
40002418599 02/28/2024 CITY HALL PHONE SVC $320.37
82538 03/14/2024 NINYO & MOORE GEOTECHNICAL COF $20,550.75 Invoice Date Description Amount
283963 02/13/2024 MATERIAL TESTING-FULLERTON RD RECONSTRUCTIC $20,550.75 CITY OF INDUSTRY P. 26

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82539 03/14/2024 OLMOS PROFESSIONAL SERVICES $8,782.00
Invoice Date Description Amount
489 02/26/2024 JANITORIAL SVC-CITY HALL $5,500.00
490 02/26/2024 JANITORIAL SVC-IBC $1,467.00
491 02/26/2024 JANITORIAL SVC-YAL $1,815.00
82540 03/14/2024 ON TRACK SOLUTIONS LLC $8,990.00
Invoice Date Description Amount
1185 02/23/2024 ON-CALL RAILROAD COORDINATION $8,990.00 82541 03/14/2024 PACIFIC UTILITY INSTALLATION $7,395.00 Invoice Date Description Amount
28847 11/30/2023 REPLACE BANNER ON HACIENDA BLVD $7,395.00 82542 03/14/2024 PARS $634.53
Invoice Date Description Amount
54869 02/13/2024 ARS FEES-DEC 2023 $300.00
55018 02/13/2024 REP FEES-DEC 2023 $334.53
82543 03/14/2024 PITNEY BOWES, INC. $193.65
Invoice Date Description Amount
3106552638 02/27/2024 POSTAGE METER-FIRST FLOOR (JAN-MAR 2024) $193.65 82544 03/14/2024 PLACEWORKS $1,697.50
Invoice Date Description Amount
83259 01/31/2024 HOUSING ELEMENT SVC $520.00
83181 : 01/31/2024 ZONING CHANGE-HOUSING ELEMENT $687.50 CITY OF INDUSTRY P. 27

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
89489 09/30/2023 HOUSING ELEMENT SVC $490.00
82545 03/14/2024 RICOH USA, INC. $3,872.29
Invoice Date Description Amount
82097567 03/02/2024 COPIER LEASE 3/15-4/14/24 $3,872.29 82546 03/14/2024 ROGERS, ANDERSON, MALODY & SCC $9,000,00 Invoice Date Description Amount
74345 01/31/2024 COI-AUDIT SERVICES FY 22/23 $5,500.00
74346 01/31/2024 SA-AUDIT SERVICES FY 22/23 $3,500.00
82547 03/14/2024 SAN GABRIEL VALLEY PUBLIC AFFAIF $1,500.00 Invoice Date Description Amount
20240419-COI 02/27/2024 GOLD SPONSORSHIP-LEADERSHIP SERIES $1,500.00 82548 03/14/2024 SATSUMA LANDSCAPE & MAINT. $166,752.32 Invoice Date Description Amount
0224CH 02/16/2024 LANDSCAPE SVC-CIVIC FINANCIAL CENTER $56,443.89 0224XROADS 02/16/2024 LANDSCAPE SVC-CROSSROADS PKY NORTH & SOUT- $41,786.96 0224TA 02/16/2024 LANDSCAPE SVC-TEMPLE & AZUSA $27,885.38 0224EC 02/16/2024 LANDSCAPE SVC-EXPO CENTER $40,636.09
82549 03/14/2024 SO CAL INDUSTRIES $90.34
Invoice Date Description Amount
676140 02/16/2024 FENCE RENTAL-IND HILLS $90.34
82550 03/14/2024 SOUTH COAST LIGHTING & DESIGN IN $12,724.24 CITY OF INDUSTRY P. 28

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
1010550 11/15/2023 (3) STREETLIGHT POLES & MAST ARMS $12,724.24 82551 03/14/2024 SQUARE ROOT GOLF & LANDSCAPE, T $188,007.55 Invoice Date Description Amount
1715ELHM 02/16/2024 LANDSCAPE SVC-EL ENCANTO $9,890.82
1716H-2 02/16/2024 SIGN REPAIR & INSTALLATION $3,427.57 1716H 02/16/2024 LANDSCAPE SVC-VARIOUS CITY SITES $140,957.25 1713ELHM 02/16/2024 LANDSCAPE SVC-VARIOUS CITY SITES $10,405.73 1714ELHM 02/16/2024 LANDSCAPE SVC-HOMESTEAD $20,315.12
1716H-1 02/16/2024 GRAFFITI REMOVAL $3,011.06
82552 03/14/2024 STAPLES BUSINESS ADVANTAGE $1,358.75
Invoice Date Description Amount
8073236305 02/10/2024 OFFICE SUPPLIES $1,215.88
8073310638 02/17/2024 OFFICE SUPPLIES $142.87
82553 03/14/2024 SUPERIOR PAVEMENT MARKINGS, INI $1,635.04 Invoice Date Description Amount
#8CITY-1477 03/01/2024 2021/2022 CITYWIDE SIGNING & STRIPING IMPROVEME $1,721.10 82554 03/14/2024 TYLER TECHNOLOGIES, INC. $350.00
Invoice Date Description Amount
045-456486 02/14/2024 SERVICE AGRMT-CITY'S ERP $350.00
82555 03/14/2024 UNITED PARCEL SERVICES, INC $184.28
Invoice Date Description Amount
-
CITY OF INDUSTRY P. 29

WELLS FARGO BANK
March 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
0000V435E4074 02/17/2024 MESSENGER SVC $72.41
0000V435E4084 02/24/2024 MESSENGER SVC $68.32
0000V435E4094 03/02/2024 MESSENGER SVC $43.55
82556 03/14/2024 VANGUARD CLEANING SYSTEMS, ING $937.50 Invoice Date Description Amount
130015 03/01/2024 JANITORIAL SVC-HOMESTEAD $937.50
82557 03/14/2024 WEST COAST ARBORISTS, INC. $121,996.35 Invoice Date Description Amount
210977 01/31/2024 TREE MAINT FY 23/24 $121,996.35
82558 03/14/2024 WILLDAN ENGINEERING $417.00
Invoice Date Description Amount
00627168 02/21/2024 ENG SVC-NELSON AVE/PUENTE AVE $417.00 Checks Status Count Transaction Amount
Total 109 $4,866,222.79

CITY COUNCIL
ITEM NO. 6.2

CITY COUNCIL SPECIAL MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
JUNE 13, 2023
PAGE 1

CALL TO ORDER
The Special Meeting of the City Council of the City of Industry, California, was called to order by Mayor Cory C. Moss at 9:00 a.m., in the City of Industry Council Chamber, 15651 Mayor Dave Way, California.

FLAG SALUTE
The flag salute was led by Mayor Cory C. Moss.

AB 2449 VOTE ON EMERGENCY CIRCUMSTANCES (IF NECESSARY)
City Clerk Julie Gutierrez-Robles announced that Mayor Pro Tem Cathy Marcucci will take part in this meeting remotely for reasons related to just cause as set forth in Government Code Section 54953(j)(2)(C) (AB 2449). In accordance with the provisions of AB 2449, this meeting will be held in person and via a live webcast. Members of the public can attend the hybrid meeting and offer public comments either in person or via webcast.

Mayor Pro Tem Cathy Marcucci announced she was present via teleconferencing and not physically at the meeting due to just cause and confirmed that she was alone and not with anyone 18 years of age or older, per AB 2449 requirements.

ROLL CALL
PRESENT: Cory C. Moss, Mayor
Cathy Marcucci, Mayor Pro Tem - Telephonically
Michael Greubel, Council Member
Mark Radecki, Council Member
Newell W. Ruggles, Council Member
STAFF PRESENT: Josh Nelson, City Manager; Bing Hyun, Assistant City Manager; James M. Casso, City Attorney; and Julie Gutierrez-Robles, City Clerk.

PUBLIC COMMENTS
There were no speaker cards or comments.

CITY COUNCIL SPECIAL MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
JUNE 13, 2023
PAGE 2

OATH OF OFFICE
City Clerk Julie Gutierrez-Robles administered the Oath of Office to Mayor Cory C. Moss, Council Member Mark Radecki and Council Member Newell W. Ruggles.

Each member spoke of their appreciation to the Residents, Business Owners, Deputies, Sheriffs and City Staff and all are looking forward to the next four years.

ADJOURNMENT
There being no further business, the City Council adjourned at 9:08 a.m.

CORY C. MOSS
MAYOR

JULIE GUTIERREZ-ROBLES

CITY CLERK

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
JUNE 22, 2023
PAGE 1

CALL TO ORDER
The Regular Meeting of the City Council of the City of Industry, California, was called to order by Mayor Cory C. Moss at 9:02 a.m., in the City of Industry Council Chamber, 15651 Mayor Dave Way, California.

FLAG SALUTE
The flag salute was led by Mayor Moss.

AB 2449 VOTE ON EMERGENCY CIRCUMSTANCES (IF NECESSARY)
There was no need for AB 2449 vote, due to having a quorum and there were no Council Members taking part remotely. The webcast was then terminated.

ROLL CALL
PRESENT: Cory C. Moss, Mayor
Cathy Marcucci, Mayor Pro Tem
Michael Greubel, Council Member
Mark Radecki, Council Member
Newell W. Ruggles, Council Member
STAFF PRESENT: Josh Nelson, City Manager; Bing Hyun, Assistant City Manager; James M. Casso, City Attorney; Bianca Sparks, Assistant City Attorney; and Julie Gutierrez-Robles, City Clerk.

PUBLIC COMMENTS
Mayor Moss reminded everyone to please be respectful. Please silence your phones and do not interrupt anyone while they are speaking and any outbursts and/or disruptions at all, during the meeting, will result in being removed from the Council Chambers. There will be no warning.

Mike Greenspan and Armando Herman each spoke for three minutes about their first amendment freedom of speech rights, to include the tolerance of all unpleasant forms of speech. They spoke about their opposition to government policies/leadership and provided documents for the record.

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
JUNE 22, 2023
PAGE 2
Council Member Ruggles asked for a staff report on Item Nos. 6.3, 6.6, 6.7, 6.10, and Mayor Moss asked for a staff report on Item No. 6.5.

CONSENT CALENDAR
Mike Greenspan and Armando Herman each spoke for three minutes in opposition of the Consent Calendar.

6.1 CONSIDERATION OF THE REGISTER OF DEMANDS FOR JUNE 22, 2023, AND PRE-AUTHORIZATION OF A MANUAL CHECK TO BE DATED JULY 3, 2023 RECOMMENDED ACTION: Approve Register of
Demands and authorize the appropriate City Officials to pay the bills.

6.2 CONSIDERATION OF RESOLUTION NO. CC 2023-31 - A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING A

DONATION TO THE CITY OF LA PUENTE, IN THE AMOUNT OF FORTY THOUSAND DOLLARS ($40,000.00), FOR THE ANNUAL FORTUNATO JIMENEZ

INDEPENDENCE DAY CELEBRATION
RECOMMENDED ACTION: Adopt Resolution No. CC 2023-

31. 6.3 CONSIDERATION OF RESOLUTION NO. CC 2023-32 - A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING A

DONATION TO THE LEARNING CENTERS AT FAIRPLEX, IN THE AMOUNT OF FIVE THOUSAND DOLLARS ($5,000.00), FOR PARTICIPATION AND DISPLAY IN THE

FAIRPLEX GARDEN RAILROAD DURING THE LOS ANGELES COUNTY FAIR RECOMMENDED ACTION: Adopt Resolution No. CC 2023-

32. Assistant City Manager, Sam Pedroza provided a staff report and was available to answer any questions.

6.4 CONSIDERATION OF RESOLUTION NO. CC 2023-33 - A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING A

DONATION TO THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
JUNE 22, 2023
PAGE 3

INDUSTRY STATION FOR THE INDUSTRY STATION ATHLETIC FUND, IN THE AMOUNT OF ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) FOR THE

INDUSTRY SHERIFF'S STATION GOLF TOURNAMENT
RECOMMENDED ACTION: Adopt Resolution No. CC 2023-

33. 6.5 CONSIDERATION OF RESOLUTION NO. CC 2023-34 - A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING A DONATION TO MEGAN'S WINGS INC., IN THE AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000.00), FOR ITS PATIENT AID AND GAS/GROCERY ASSISTANCE

PROGRAMS
RECOMMENDED ACTION: Adopt Resolution No. CC 2023-

34. Assistant City Manager, Sam Pedroza provided a staff report and was available to answer any questions.

6.6 CONSIDERATION OF RESOLUTION NO. CC 2023-36 - A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, RESCINDING RESOLUTION NO. CC 2020-46, AND ADOPTING AN EMPLOYER'S CONTRIBUTION FOR ALL ELIGIBLE EMPLOYEES (PEPRA) FROM 7.5% TO 8.25% FOR DEFINED

CONTRIBUTION PLAN WITH THE PUBLIC AGENCY RETIREMENT SYSTEM (PARS)
RECOMMENDED ACTION: Adopt Resolution No. CC 2023-

36. Director of Finance, Yamini Pathak provided a staff report and was available to answer any questions.

CONSIDERATION OF RESOLUTION NO. 2023-39, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING BLANKET PURCHASE ORDERS FOR VENDORS TOTALING $10,000.00 AND OVER FOR FY 2023-2024
RECOMMENDED ACTION: Adopt Resolution No. CC 2023-

39. CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
JUNE 22, 2023
PAGE 4
Director of Finance, Yamini Pathak provided a staff report and stated this is renewed every year. For the record, Yamini Pathak stated there was an error in the Register of Demands on today's agenda, Item No. 6.1, therefore a hand-out was provided for transparency of the changes.

6.8 CONSIDERATION OF A LICENSE AGREEMENT WITH MOXIE PICTURES, INC., FOR ACCESS TO THE PARKING LOT LOCATED AT EL ENCANTO

HEALTHCARE AND REHABILITATION CENTER, TO UTILIZE AS A TEMPORARY

OVERFLOW PARKING AREA
RECOMMENDED ACTION: Approve the License
Agreement.

6.9 CONSIDERATION OF A LICENSE AGREEMENT WITH LUCAS BUILDERS, INC., FOR ACCESS TO ASSESSOR'S PARCEL NO. 8208-027-918 LOCATED AT

THE NORTHWEST CORNER OF DON JULIAN ROAD AND PARRIOTT PLACE, FOR

TEMPORARY STAGING OF CONSTRUCTION MATERIALS AND EQUIPMENT RECOMMENDED ACTION: Approve the License Agreement

6.10 CONSIDERATION OF AWARD OF CONTRACT NO. CITY-1491, FULLERTON

ROAD RECONSTRUCTION WITH PCC PAVEMENT FROM SAN JOSE AVENUE TO SAN JOSE CREEK BRIDGE, TO LCR EARTHWORK & ENGINEERING, CORP., IN AN AMOUNT NOT TO EXCEED $1,861,764.18, AND ADOPT NOTICE OF EXEMPTION REGARDING SAME (CIP-STR-19-042-B/MP 17-05 #1) RECOMMENDED ACTION: Award the Contract to M. LCR
Earthwork & Engineering, Corp in the amount of $1,861, 764.18, and adopt a Notice of Exemption for the project.

Director of Engineering James Cramsie, from CNC Engineering, provided a staff report and was available to answer any questions.

6.11 CONSIDERATION OF AMENDMENT NO. 3 TO THE PROFESSIONAL

SERVICES AGREEMENT WITH ADVANCED AVANT-GARDE CORPORATION, DBA AVANT-GARDE, INC., FOR CONTRACT AND FUNDING ADMINISTRATION SERVICES, EXTENDING THE TERM THROUGH JUNE 30, 2025
RECOMMENDED ACTION: Approve the Amendment.

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
JUNE 22, 2023
PAGE 5

6.12 CONSIDERATION OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH HISTORICAL RESOURCES, INC., FOR

ADMINISTRATION AND MANAGEMENT SERVICES AT HOMESTEAD MUSEUM, EXTENDING THE TERM THROUGH JUNE 30, 2026, REVISING THE SCOPE OF

SERVICES, REVISING THE RATE SCHEDULE, AND INCREASING
COMPENSATION BY $1,960,413.65
RECOMMENDED ACTION: Approve the Amendment.

Development Services Manager, Kathy Tai provided a staff report and Council Member Ruggles asked more specifically about the change to the scope of work. Kathy Tai stated, with the amendment, it will enable school programs and their names to change, to remove names of specific events, and to clarify HRI may approve the public's request to use the Museum for photography and meetings.

Mike Greenspan and Armando Herman each spoke for three minutes in opposition of the Consent Calendar.

MOTION BY COUNCIL MEMBER GREUBEL, AND SECOND BY MAYOR MOSS _I0 APPROVE THE CONSENT CALENDAR. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES,

MPT/MARCUCCI, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

PUBLIC HEARING
Consideration of the following related to the City's adoption of the Housing Element 2021-2029 Update:

RESOLUTION NO. CC 2023-37, ADOPTING AN ADDENDUM TO THE 2014 INITIAL STUDY/NEGATIVE DECLARATION (SCH NO. 2014011026) FOR THE 2013- 2021 HOUSING ELEMENT, AND MAKING FINDINGS IN SUPPORT THEREOF; AND b. RESOLUTION NO. CC 2023-38, ADOPTING GENERAL PLAN AMENDMENT 23- 01, TO ADOPT THE HOUSING ELEMENT 2021-2029 UPDATE; AND

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
JUNE 22, 2023
PAGE 6
c. ORDINANCE NO. 825, APPROVING ZONING ORDINANCE AMENDMENT NO. 23-01, ESTABLISHING THE HOUSING OVERLAY ZONE, AND AMENDING THE CITY'S LAND USE MAP SET FORTH IN SECTION 17.28.060 OF THE CITY'S

MUNICIPAL CODE
RECOMMENDED ACTION: 1. Open the public hearing and take public testimony; 2.

Adopt Resolution No. CC 2023-37, Adopting an Addendum to the 2014 Initial Study/Negative Declaration (SCH No. 2014011026) for the 2013-2021 Housing Element, and Making Findings in Support Thereof; and 3. Adopt Resolution No. CC 2023-38, Approving General Plan Amendment 23-01, to Adopt the Housing Element 2021-2029 Update; and 4. Waive the reading of Ordinance No. 825, and read by title only; and introduce Ordinance No. 825, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, AMENDING TITLE 17 (ZONING) OF THE CITY OF INDUSTRY MUNICIPAL CODE TO ADD CHAPTER 17.22 (HOUSING OVERLAY ZONE), AND AMENDING SECTION 17.28.060 (MAP-ADOPTED) OF CHAPTER 17.28 (ZONED DISTRICTS) OF TITLE 17 (ZONING) OF THE CITY OF INDUSTRY

MUNICIPAL CODE, TO CHANGE THE EXISTING ZONING DESIGNATION OF THE PROPERTY LOCATED AT 20249 EAST WALNUT DRIVE SOUTH, CITY OF

INDUSTRY, CALIFORNIA, FROM INDUSTRIAL TO INDUSTRIAL WITH A HOUSING

OVERLAY, AND MAKING FINDINGS IN SUPPORT THEREOF
Assistant City Manager Bing Hyun provided a staff report summarizing the Housing Element 2021-2029 Update. All local governments must adopt plans and regulatory systems that provide opportunities for housing development to adequately plan to meet the housing needs of the community. To complete certification with HCD and comply with state law, the Housing Element, zoning ordinance amendments, and re-zoning of one (1) parcel is being submitted to the Planning Commission for consideration.

Assistant City Manager Bing Hyun provided a detailed summary of the proposed Housing Element Update, new Housing Overlay Zone, Zone Change for 20249 E.

Walnut Drive South, City of Industry, California, and Addendum to the 2014 Initial Study/Negative Declaration. Backup documentation was provided within the agenda packet. Assistant City Manager Bing Hyun recommended the City Council adopt the related resolutions and was available to answer any questions.

Mayor Moss opened the public hearing at 9:50 a.m.

Mayor Moss inquired if anyone wanted to be heard in opposition or in favor of the project.

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
JUNE 22, 2023
PAGE 7
Mike Greenspan and Armando Herman each spoke for three minutes in opposition of Public Hearing Item No. 7.1.

Mayor Moss closed the public hearing at 10:20 a.m.

MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY COUNCIL MEMBER GREUBEL TO ADOPT RESOLUTION NO. CC 2023-37. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES,

MPT/MARCUCCI, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

MOTION BY COUNCIL MEMBER RUGGLES, AND SECOND BY COUNCIL MEMBER GREUBEL TO ADOPT RESOLUTION NO. CC 2023-38. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES,

MPT/MARCUCCI, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

MOTION BY MAYOR MOSS, AND SECOND BY COUNCIL MEMBER RADECKI TO WAIVE THE READING OF ORDINANCE NO. 825 AND READ BY TITLE ONLY.

MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES,

MPT/MARCUCCI, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

MOTION BY MAYOR MOSS, AND SECOND BY MAYOR PRO TEM MARCUCCI TO INTRODUCE ORDINANCE NO. 825, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, AMENDING TITLE 17 (ZONING) OF THE CITY OF INDUSTRY MUNICIPAL CODE TO ADD CHAPTER 17.22 (HOUSING OVERLAY ZONE), AND AMENDING SECTION 17.28.060 (MAP-ADOPTED) OF

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
JUNE 22, 2023
PAGE 8
CHAPTER 17.28 (ZONED DISTRICTS) OF TITLE 17 (ZONING) OF THE CITY OF

INDUSTRY MUNICIPAL CODE, TO CHANGE THE EXISTING ZONING DESIGNATION OF THE PROPERTY LOCATED AT 20249 EAST WALNUT DRIVE SOUTH, CITY OF

INDUSTRY, CALIFORNIA, FROM INDUSTRIAL TO INDUSTRIAL WITH A HOUSING OVERLAY, AND MAKING FINDINGS IN SUPPORT THEREOF. MOTION CARRIED 5- 0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES,

MPT/MARCUCCI, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

CLOSED SESSION
City Clerk Gutierrez-Robles announced there was a need for Closed Session as follows:

Mike Greenspan and Armando Herman each spoke for three minutes in opposition of Closed Session.

8.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One potential case
Mayor, Cory C. Moss, recessed the meeting into Closed Session at 10:45 a.m.

Mayor Moss reconvened the meeting at 11:14 a.m.

City Attorney Casso reported out of Closed Session. All members of the Council were present.

With regard to Closed Session Item No. 8.1, direction was given to the City Attorney's office, no final action taken. Nothing further to report at this time.

CITY MANAGER REPORTS
There were none.

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
JUNE 22, 2023
PAGE 9
AB 1234 REPORTS
There were none.

CITY COUNCIL COMMUNICATIONS
There were none.

ADJOURNMENT
There being no further business, the City Council adjourned at 11:15 a.m.

CORY C. MOSS
MAYOR

JULIE GUTIERREZ-ROBLES

CITY CLERK

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
OCTOBER 12, 2023
PAGE 1

CALL TO ORDER
The Regular Meeting of the City Council of the City of Industry, California, was called to order by Mayor Cory C. Moss at 9:00 a.m., in the City of Industry Council Chamber, 15651 Mayor Dave Way, California.

FLAG SALUTE
The flag salute was led by Mayor Moss.

AB 2449 VOTE ON EMERGENCY CIRCUMSTANCES (IF NECESSARY)
There was no need for AB 2449 vote since there were no Council Members taking part remotely. The webcast was then terminated.

ROLL CALL
PRESENT: Cory C. Moss, Mayor
Michael Greubel, Council Member
Mark Radecki, Council Member
Newell W. Ruggles, Council Member
ABSENT: Cathy Marcucci, Mayor Pro Tem
STAFF PRESENT: Josh Nelson, City Manager; Bing Hyun, Assistant City Manager; James M. Casso, City Attorney; Bianca Sparks, Assistant City Attorney; and Lynn Thompson, Administrative Technician III.

Mayor Moss stated if there are no objections, that we excuse Mayor Pro Tem Cathy Marcucci from today's meeting. There were no objections.

PRESENTATIONS
Mayor Moss introduced Mayor Robert Gonzales from the city of Azusa. Mr. Gonzales then introduced Mayor Pro Tem, Valerie Munoz, from the city of La Puente and Dan Colby, Assistant Executive Director and Senior Project Manager from the Water Quality Authority who provided a detailed slide presentation along with an update regarding water quality.

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
OCTOBER 12, 2023
PAGE 2
Mayor Moss stated if there are no objections, can we pull forward Item No. 13, Public Comments, ahead of the Consent Calendar. There were no objections.

PUBLIC COMMENTS
Frank Sanchez, former President of Downtown La Puente Association, came to explain his issue with the homeless by the railroad tracks in the City of Industry. The railroad cars are attracting criminals and disturbing the local businesses. He did call the Sheriff's Department but now he is here asking the city for help to talk with the railroads to move the cars. Council Member Radecki mentioned he noticed the train cars filled with lots of graffiti. Mayor Moss said City Staff will follow up, please leave a card with your information.

CONSENT CALENDAR
Council Member Ruggles asked for a staff report on Item Nos. 6.3, 6.4, 6.5, 6.6, and 6.7.

6.1 CONSIDERATION OF THE REGISTER OF DEMANDS FOR OCTOBER 12, 2023
RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.

6.2 CONSIDERATION OF RESOLUTION NO. CC 2023-48 - A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING A

DONATION TO DELHAVEN COMMUNITY CENTER, IN THE AMOUNT OF TWENTY- FIVE THOUSAND DOLLARS ($25,000.00), FOR THE BECAUSE WE CARE

PROGRAM
RECOMMENDED ACTION: Adopt Resolution No. CC 2023-

48. 6.3 CONSIDERATION OF RESOLUTION NO. CC 2023-49 - A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, DECLARING CERTAIN CITY-OWNED REAL PROPERTY LOCATED AT 804 AZUSA AVENUE, (APN 8264-005-913), CITY OF INDUSTRY, CALIFORNIA AS EXEMPT SURPLUS LAND UNDER CALIFORNIA GOVERNMENT CODE SECTION 54221(F)(1)(D) AND

MAKING THE REQUISITE CEQA FINDINGS

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
OCTOBER 12, 2023
PAGE 3
RECOMMENDED ACTION: Adopt Resolution No. CC 2023-

49. City Manager Josh Nelson provided a staff report for both Item Nos. 6.3 and 6.4. This resolution, which is declaring city-owned real property as exempt surplus land is in conjunction with the purchase and sale agreement for Item No. 6.4. There is no fiscal impact associated with the adoption of this resolution. He was available to answer any questions.

6.4 CONSIDERATION OF A PURCHASE AND SALE AGREEMENT WITH ROWLAND WATER DISTRICT IN THE AMOUNT OF $212,040.00 FOR PROPERTY LOCATED AT 804 SOUTH AZUSA AVENUE, AND NOTICE OF EXEMPTION

REGARDING SAME
RECOMMENDED ACTION: Approve the Agreement, and
Notice of Exemption, and direct Staff to file the NOE as required by law.

City Manager Josh Nelson stated that a handout of the Purchase & Sale Agreement and Joint Escrow Instructions have been distributed to the Council at this meeting. City Attorney James M. Casso mentioned that the Purchase and Sale Agreement is subject to approval of the sale being accepted by the Surplus Land Act under the California Department of Housing and Community Development (HCD) in Item 6.3.

6.5 CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH CALIFORNIA CONSULTING, INC., FOR GRANT WRITING AND MANAGEMENT SERVICES, IN THE AMOUNT OF $64,750.00, THROUGH OCTOBER 31, 2024 RECOMMENDED ACTION: Approve the Agreement.

Development Services Manager, Kathy Tai provided a staff report and recommended the Council approve the agreement with California Consulting to provide grant writing and management services to allow the City to apply for various grant opportunities.

Council Member Ruggles asked how the process worked. Kathy Tai and City Manager Josh Nelson both went into detail about the scope of work, the rate schedule, grant research processes and how to decide which grants make the most sense to meet the funding needs based on budget, narratives, and timelines.

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CONSIDERATION OF DEDUCTIVE CHANGE ORDER NO. 4, IN THE AMOUNT OF $27,436.87, AND NOTICE OF COMPLETION FOR CONTRACT NO. CITY-1477 FY 21-22 CITYWIDE SIGNING AND STRIPING IMPROVEMENTS
RECOMMENDED ACTION: Approved Change Order No. 4
and authorize the Engineering Manager to execute the Notice of Completion.

Chris Lum, Construction Manager, at CNC Engineering provided a staff report and was available to answer any questions.

6.7 CONSIDERATION OF CLOSEOUT DEDUCTIVE CHANGE ORDER NO. 5 AND NOTICE OF COMPLETION FOR CONTRACT NO. CITY-1485, ROWLAND STREET

RECONSTRUCTION FROM HATCHER AVENUE TO LAWSON STREET, WITH SEQUEL CONTRACTORS, INC.

RECOMMENDED ACTION: Approved Change Order No. 5
and authorize the Engineering Manager to execute the Notice of Completion.

Gerardo Perez, Senior Construction Manager, with CNC Engineering provided a staff report regarding Closeout Deductive Change Order No. 5, Notice of Completion and was available for any questions.

There were no public comments.

MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY COUNCIL MEMBER RUGGLES TO APPROVE THE CONSENT CALENDAR. MOTION CARRIED 4-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES, M/MOSS NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: MPT/MARCUCCI
ABSTAIN COUNCIL MEMBERS: NONE

ACTION ITEMS-NONE

PUBLIC HEARING-NONE
Mayor Moss asked to bring forward Item Nos. 10, 11, and 12 prior to Closed Session

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OCTOBER 12, 2023
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CITY MANAGER REPORTS
There were none.

AB 1234 REPORTS
There were none.

CITY COUNCIL COMMUNICATIONS
Mayor Moss mentioned the annual Rodeo was this coming up weekend and thanked all volunteers for their time and said there were still tickets available. Mayor Moss also mentioned the dinner on Friday night and the line dancing on Saturday night and hopes to see as many people as possible there.

Council Member Ruggles mentioned the Terror Trail event scheduled for Oct 20th and 21s1 and expressed his appreciation for help with the set up. He has received a lot of phone calls and expects it to be an even bigger event than last year, which had approximately 4,000 people. Mayor Moss praised the social media campaign for the efforts towards the event.

CLOSED SESSION
Administrative Assistant Lynn Thompson announced there was a need for Closed Session as follows:

There were no public comments.

9.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Two potential case
Mayor Moss, recessed the meeting into Closed Session at 9:35 a.m.

Mayor Moss reconvened the meeting at 10:28 a.m.

City Attorney Casso reported out of Closed Session. All members of the Council were present except for Mayor Pro Tem Marcucci.

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With regard to Closed Session Item No. 9.1, direction was given to the City Attorney's office, no final action taken.

Nothing further to report at this time.

ADJOURNMENT
There being no further business, the City Council adjourned at 10:29 a.m.

CORY C. MOSS
MAYOR

JULIE GUTIERREZ-ROBLES

CITY CLERK

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
OCTOBER 26, 2023
PAGE 1

CALL TO ORDER
The Regular Meeting of the City Council of the City of Industry, California, was called to order by Mayor Cory C. Moss at 9:01 a.m., in the City of Industry Council Chamber, 15651 Mavor Dave Way, California.

FLAG SALUTE
The flag salute was led by Mayor Moss.

AB 2449 VOTE ON EMERGENCY CIRCUMSTANCES (IF NECESSARY)
There was no need for AB 2449 vote since there were no Council Members taking part remotely. The webcast was then terminated.

PRESENTATIONS
Mayor Moss introduced two special guests from the Pacific Crest Youth Arts Organization who came to speak. CEO Stuart Pompel came to say thank you to the City for supporting these students along with presenting an image of the students performing during one of their performances. The group will be performing for the City of Industry at the tree lighting ceremony this Christmas at the Homestead Museum.

Steve Tye from the City of Diamond Bar and now a Board Member with Pacific Crest Youth Arts Organization also came to thank the City of Industry and stated that being a board member gives him the privilege to raise funds so we can continue to support under privileged students who perform as specialized marching bands for on-field competitions,

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parades, and other civic functions. He also thanked the City of Industry for being part of Contract Cities. Tres Hermanos wouldn't be what it is today if it weren't for the City of Industry, City of Chino Hills and Diamond Bar. We appreciate everything we have been able to accomplish.

Mayor Moss thanked them both and asked for a brief recess for photos.

Mayor Moss reconvened the meeting and thanked them for coming.

Mayor Moss asked to bring forward Item No. 13, Public Comments before Consent Calendar.

PUBLIC COMMENTS
Frank Sanchez, former President of Downtown La Puente Association, aka La Puente Community Foundation, came to thank the Council for their quick response to his request made just two weeks ago at this meeting. Mr. Sanchez stated Assistant City Manager Sam Pedroza approached me before leaving the Chamber and asked me for my phone number. He said it may take a while, but he would get back to me. Sam Pedroza addressed this problem immediately and the 15 to 20 criminals living within the homeless community who were destroying the engines and trailers have all been removed. The local merchants in the area are very happy. Mayor Moss said good job to staff for making this happen and thanked Frank Sanchez for the information and to please come any time should this happen again.

Mike Greenspan and Armando Herman each spoke for one minute about their first amendment freedom of speech rights, to include the tolerance of all unpleasant forms of speech. They spoke about their opposition to government policies/leadership and provided documents for the record.

CONSENT CALENDAR
Council Member Radecki recused himself from voting on check number 81602 for Item 1 (Register of Demands) due to a potential or actual financial conflict of interest due to he is employed by Square Root Golf and Landscape.

Council Member Ruggles asked for a Staff Report on Item Nos. 6.3, and 6.6.

Mayor Moss asked for a Staff Report on Item No. 6.5

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6.1 CONSIDERATION OF THE REGISTER OF DEMANDS FOR OCTOBER 26, 2023
RECOMMENDED ACTION: Register of
Demands and authorize the appropriate City Officials to pay the bills.

CONSIDERATION OF AMENDMENT NO. 3 TO THE LICENSE AGREEMENT

WITH PACIFIC CREST YOUTH ARTS ORGANIZATION, FOR ACCESS TO ASSESSOR'S PARCEL NUMBER 8264-004-908, LOCATED AT 1123 SOUTH

HATCHER AVENUE
RECOMMENDED ACTION: Approve Amendment No. 3

6.3 CONSIDERATION OF A FACILITIES USE AGREEMENT WITH DELHAVEN

COMMUNITY CENTER, FOR ACCESS TO THE PARKING LOT LOCATED AT THE

WORKMAN AND TEMPLE HOMESTEAD MUSEUM, TO UTILIZE FOR A

FUNDRAISING EVENT
RECOMMENDED ACTION: Approve the Facilities Use
Agreement
Assistant City Manager Sam Pedroza provided a staff report and requested the city pprove the Facilities Use Agreement with Delhaven Community Center for a non-prof undraising event in the parking lot at the Workman and Temple Homestad Museum

6.4 CONSIDERATION OF THE CANCELLATION OF THE NOVEMBER 23, 2023, AND DECEMBER 28, 2023, REGULAR CITY COUNCIL MEETINGS AND THE CLOSURE OF CITY HALL FROM DECEMBER 22, 2023, THROUGH JANUARY 1, 2024
RECOMMENDED ACTION: Cancel the November 23, 2023,
and December 28, 2023, regular City Council Meetings and authorize the closure of City Hall from December 22, 2023, through January 1, 2024.
.5 CONSIDERATION OF A SETTLEMENT AGREEMENT AND RELEASE IN CIT\ F INDUSTRY V. ABRAHAM CRUZ, LOS ANGELES SUPERIOR COURT NO 20STCV25407

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RECOMMENDED ACTION: Approve the Settlement
Agreement and Release.

City Attorney, James M. Casso, stated that before the Council was a Settlement Agreement & Release regarding a lawsuit against Abraham N. Cruz. An agreement has been reached as dismissal of action; satisfaction of judgement should the Council agree.

Within 10 court days after receipt of the Settlement Payment of $931.35, from Abraham N. Cruz, the City shall file a Request for Dismissal, without prejudice, of its Complaint against Cruz in the Action, and file an Acknowledgement of Satisfaction of Judgement in the Cruz Lawsuit with respect to the outstanding costs amount. Should this be approved, both parties would walk away, and both lawsuits will be over.

CONSIDERATION OF AMENDMENT NO. 3 TO THE MEMORANDUM OF

AGREEMENT WITH THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS,

TO AWARD FUNDING FROM THE SAN GABRIEL VALLEY SLOWER, SAFER

STREETS PROGRAM
RECOMMENDED ACTION: Approve the Amendment.

Senior Project Manager, Upendra Joshi from CNC Engineering provided a staff report regarding the amendment to the MOA with the San Gabriel Valley Council of Governments to award funding. City Manager Josh Nelson provided additional information, and both were available to answer any questions.

Mike Greenspan and Armando Herman each spoke for one minute in opposition to the Consent Calendar.

MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY COUNCIL MEMBER

RUGGLES THAT THE RECOMMENDATIONS BE ACCEPTED FOR THE REMAINING

ITEMS LISTED ON THE CONSENT CALENDAR, WITH COUNCIL MEMBER RADECKI RECUSING HIMSELF FROM CHECK NUMBER 81602 ON ITEM 1 (REGISTER OF DEMANDS). MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES,

MPT/MARCUCCI, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

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OCTOBER 26, 2023
PAGE 5

ACTION ITEMS

7.1 QUARTERLY UPDATE ON THE HOMESTEAD MUSEUM
RECOMMENDED ACTION: Receive and file.

Paul Spitzzeri, Museum Director at the Homestead Museum provided a staff report with a slide presentation regarding the past and current public events.

Mike Greenspan and Armando Herman each spoke for one minute in opposition to Item No. 7.1.

PUBLIC HEARING-NONE

CLOSED SESSION
City Clerk Gutierrez-Robles announced there was a need for Closed Session as follows:

9.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:

Property: 1548 S Azusa Avenue; 8265-004 Agency
Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: 1600 Azusa SB One LLC, 1552 Azusa One LLC, 1552 Azusa Two LLC, 1552 Azusa
Three LLC
Under Negotiation: Price and terms of payment
Mike Greenspan and Armando Herman each spoke for one minute in opposition to Closed Session.

Mayor Moss, recessed the meeting into Closed Session at 9:39 a.m.

Mayor Moss reconvened the meeting at 10:33 a.m.

City Attorney Casso reported out of Closed Session. All members of the Council were present.

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With regard to Closed Session Item No. 9.1, direction was given to the Agency Negotiators, no final action taken. Nothing further to report.

CITY MANAGER REPORTS
There were none.

AB 1234 REPORTS
There were none.

CITY COUNCIL COMMUNICATIONS
There were none.

ADJOURNMENT
There being no further business, the City Council adjourned at 10:33 a.m.

CORY C. MOSS
MAYOR

JULIE GUTIERREZ-ROBLES

CITY CLERK

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
NOVEMBER 9, 2023
PAGE 1

FLAG SALUTE
The flag salute was led by Mayor Moss.

AB 2449 VOTE ON EMERGENCY CIRCUMSTANCES (IF NECESSARY)
There was no need for AB 2449 vote since there were no Council Members taking part remotely. The webcast was then terminated.

PRESENTATIONS
Mayor Moss announced there was a special presentation and handed it over to City Manager Josh Nelson who announced November 10, 2023, as International Accounting Day. The entire Finance Department is here today to be recognized and given a Proclamation. Congratulations on your hard work!
Mayor Moss announced a brief recess at 9:03 a.m. to take photos.

Mayor Moss reconvened the meeting at 9:06 a.m.

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NOVEMBER 9, 2023
PAGE 2

CONSENT CALENDAR
Council Member Ruggles asked for a staff report on Item Nos. 6.3, 6.4, 6.5, 6.7, and 6.8.

Mayor Moss asked for a staff report on Item No. 6.6.

6.1 CONSIDERATION OF THE REGISTER OF DEMANDS FOR NOVEMBER 09, RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.

6.2 CONSIDERATION OF THE MINUTES OF THE MARCH 23, 2023 REGULAR MEETING, JUNE 8, 2023 REGULAR MEETING, JUNE 22, 2023 REGULAR MEETING, JUNE 30, 2023 SPECIAL MEETING, JULY 13, 2023 REGULAR MEETING, JULY 27, 2023 REGULAR MEETING, AND THE SEPTEMBER 6, 2023 SPECIAL MEETING.

RECOMMENDED ACTION: Approve as submitted.

CONSIDERATION OF AN ORDER FORM WITH PLACER.AI, FOR LOCATION ANALYTICS AND RESEARCH DATA, IN AN AMOUNT NOT TO EXCEED $18,000.00, THROUGH NOVEMBER 9, 2024
RECOMMENDED ACTION: Approve the Order Form.

City Manager, Josh Nelson, provided a staff report regarding an order form with Placer A1 for location analytics and research data and was available to answer any questions.

CONSIDERATION OF CHANGE ORDER NO. 5, CLOSEOUT CHANGE ORDER NO. 6 AND NOTICE OF COMPLETION, FOR CONTRACT NO. CITY-1480, STIMSON

AVENUE GRADE CROSSING IMPROVEMENTS
RECOMMENDED ACTION: Approve Change Order Nos. 5
and 6 and Authorize the Engineering Manager to execute the Notice of Completion Chris Lum, Construction Manager, at CNC Engineering provided a staff report and reported on each change order. Council Member Ruggles thanked CNC Engineering and mentioned that a business owner brought to his attention that they had missed

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NOVEMBER 9, 2023
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receiving the notice, but CNC Engineering did an excellent job of communicating with them during the process.

6.5 CONSIDERATION OF AMENDMENT NO. 3 TO THE MAINTENANCE SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC., FOR ARBORISTS SERVICES, EXTENDING THE TERM THROUGH NOVEMBER 9, 2024, REVISING THE RATE SCHEDULE AND INCREASING COMPENSATION BY $1,000,000.00 RECOMMENDED ACTION: Approve the Amendment.

Was available to answer any questions. Mayor Miss, Council Meas Report and Council Member Ruggles each spoke about the huge improvement and the look of the City.

6.6 CONSIDERATION OF A SETTLEMENT AGREEMENT AND RELEASE IN XIAOLING MAI V. COUNTY OF LOS ANGELES, ET AL. (LOS ANGELES SUPERIOR COURT CASE NO. 20STCV14705)
RECOMMENDED ACTION: Approve the Settlement
Agreement and Release
City Attorney James M. Casso gave a staff report regarding the Settlement Agreement and provided backup regarding this case. This was an accident that occurred back in May 2019, at the intersection of Plaza Drive and Gale Avenue where Xiaoling Mai suffered various injuries. We settled this matter earlier this year but there were several steps that still needed to take place, in particular a guardian to be appointed for her to assist in making decisions regarding legal counsel and to include getting from court, an order with a good faith settlement determination. This has occurred and puts to rest this matter. The City is to pay her attorney's fee of $250,000.00.

6.7 CONSIDERATION OF ASSIGNMENT AND ASSUMPTION OF INTERESTS OF CONTRACT NO. CITY -1476 FOR SOLAR PANELS PROJECT AT CITY HALL WITH

SKYBRIDGE RENEWABLES CORPORATION TO SKYBRIDGE RENEWABLES, LLC (CIP-CC-18-019-B)
RECOMMENDED ACTION: Approve the Assignment.

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NOVEMBER 9, 2023
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City Manager, Josh Nelson provided a staff report regarding the consideration of Assignment and Assumption of Interest of Contract No. CITY-1476 for the Solar Panels Project at City Hall and was available to answer any questions.

6.8 CONSIDERATION OF AMENDMENT NO. 4 TO THE MAINTENANCE

SERVICES AGREEMENT WITH THE SAN GABRIEL VALLEY CONSERVATION CORPS., EXTENDING THE TERM THROUGH JUNE 30, 2027, REVISING THE RATE SCHEDULE, INCREASING COMPENSATION BY $440,000.00, AND UPDATING THE

ADDRESS FOR THE CITY
RECOMMENDED ACTION: Approve the Amendment.

Director of Operations, Sean Calvillo, from CNC Engineering provided a staff report regarding the amendment to the Maintenance Services Agreement with the San Gabriel Valley Conservation Corps. and was available to answer any questions.

Mike Greenspan and Armando Herman each spoke for one minute in opposition to the Consent Calendar.

MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY COUNCIL MEMBER GREUBEL TO APPROVE THE CONSENT CALENDAR. MOTION CARRIED 4-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES, M/MOSS NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: MPT/MARCUCCI
ABSTAIN COUNCIL MEMBERS: NONE

ACTION ITEMS - NONE

PUBLIC HEARING - NONE

CLOSED SESSION
City Clerk Gutierrez-Robles announced there was a need for Closed Session as follows:

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NOVEMBER 9, 2023
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9.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:

Property: Assessor Parcel Numbers 8262-015-901,
8262-012-274 and 8262-012-275
Agency Negotiators: Josh Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Beach Street Development LLO
Under Negotiation: Price and terms of payment

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:

Property: 1548 S Azusa Avenue; 8265-004-045
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: 1600 Azusa SB One LLC, 1552 Azusa One LLC, 1552 Azusa Two LLC, 1552 Azusa
Three LLC
Under Negotiation: Price and terms of payment
Mike Greenspan and Armando Herman each spoke for one minute in opposition to Closed Session.

Mayor Moss, recessed the meeting into Closed Session at 9:28 a.m.

Mayor Moss reconvened the meeting at 10:50 a.m.

City Attorney Casso reported out of Closed Session. All members of the Council were present except for Mayor Pro Tem Marcucci.

With regard to Closed Session Item No. 9.1 and 9.2, direction was given to the Agency Negotiators, no final action taken. Nothing further to report.

CITY MANAGER REPORTS
City Manager Josh Nelson wished everyone a Happy Veterans Day and Thanksgiving!

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AB 1234 REPORTS
There were none.

CITY COUNCIL COMMUNICATIONS
There were none.

PUBLIC COMMENTS
Mike Greenspan and Armando Herman each spoke for one minute about their first amendment freedom of speech rights, to include the tolerance of all unpleasant forms of speech. They spoke about their opposition to government policies/leadership and provided documents for the record.

ADJOURNMENT
There being no further business, the City Council adjourned at 10:54 a.m.

CORY C. MOSS
MAYOR

JULIE GUTIERREZ-ROBLES

CITY CLERK

CITY COUNCIL SPECIAL MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
FEBRUARY 8, 2024
PAGE 1

CALL TO ORDER
The Special Meeting of the City Council of the City of Industry, California, was called to des by ayar Dave Way, Calfort 9:00 a.m, in the City of Industry Council Chamber.

FLAG SALUTE
The flag salute was led by Mayor Moss.

AB 2449 VOTE ON EMERGENCY CIRCUMSTANCES (IF NECESSARY)
There was no need for AB 2449 vote since there were no Council Members taking part remotely. The webcast was then terminated.

ROLL CALL
PRESENT: Cory C. Moss, Mayor
Cathy Marcucci, Mayor Pro Tem
Michael Greubel, Council Member
Mark Radecki, Council Member
Newell W. Ruggles, Council Member
STAFF PRESENT: Josh Nelson, Manager; Hyun,
Assistant City Manager; remotely, James M. Casso, City Attorney; Bianca Sparks, Assistant City Attorney; and Julie Gutierrez-Robles, City Clerk.

PRESENTATIONS
Mayor Moss welcomed a special guest in the audience, Ed Chavez from San Gabriel Valley Water District, who was in the audience.

CONSENT CALENDAR
City Manager Josh Nelson asked to pull Item No. 6.9 from today's agenda, since it was not ready but will be brought back at a future meeting.

Council Member Radecki recused himself from voting on check number 82334 for Item 1 (Register of Demands) due to a potential or actual financial conflict of interest due to he is employed by Square Root Golf and Landscape.

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FEBRUARY 8, 2024
PAGE 2
Council Member Ruggles asked for a staff report on Item Nos. 6.3, 6.4, 6.6, 6.7, and 6.8.

There were no public comments.

CONSIDERATION OF THE REGISTER OF DEMANDS FOR FEBRUARY 08, 2024
RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.

6.2 CONSIDERATION OF THE MINUTES OF THE JANUARY 11, 2024 REGULAR

MEETING
RECOMMENDED ACTION: Approve as submitted.

6.3 CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH

HDL COREN & CONE FOR PROPERTY TAX MANAGEMENT SERVICES, IN THE AMOUNT OF $67,000.00, THROUGH JANUARY 31, 2029.

RECOMMENDED ACTION: Approve the Agreement.

Director of Finance, Yamini Pathak provided a staff report and Council Member Ruggles asked how long we have been using HdL Coren & Cone for this service and how many other companies do this type of service? Yamini Pathak replied, "fifteen years, or maybe more". City Manager Josh Nelson said another company recently reached out to us, but they only just now signed their first California company. They are in Texas and primarily service companies in Texas. HdL Coren & Cone are local and primarily work for California companies.

CONSIDERATION OF AMENDMENT NO. 4 TO THE PROFESSIONAL

SERVICES AGREEMENT WITH GRANICUS, LLC, FOR WEBSITE MAINTENANCE AND HOSTING, EXTENDING THE TERM THROUGH FEBRUARY 13, 2025, INCREASING COMPENSATION BY $14,748.64, AND UPDATING THE RATE

SCHEDULE
RECOMMENDED ACTION: Approve Amendment No. 4.

Management Analyst, Yvette Padilla, provided a staff report and Council Member Ruggles asked about the services provided. Yvette Padilla explained that we at City Hall do the updates to the website, but Granicus provides maintenance to the backend, CMS

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FEBRUARY 8, 2024
PAGE 3
site, software updates and the hosting. We are working with them to redevelop a more user-mining updates and needs fort Work: with Padite was avalast ane in any questions.

6.5 CONSIDERATION OF NOTICE OF COMPLETION, FOR CONTRACT NO.

CITY-1467, PUENTE HILLS AUTO CENTER PYLON SIGN UPGRADE
WITH ELECTRA MEDIA, INC.

RECOMMENDED ACTION: Authorize the Engineering
Manager to execute the Notice of Completion.

CONSIDERATION OF AWARD OF CONTRACT NO. CITY-1500, GALE
AVENUE RESURFACING FROM FIELDGATE AVENUE TO AZUSA AVENUE, ET AL.

TO SEQUEL CONTRACTORS, INC., IN AN AMOUNT NOT TO EXCEED $2,222,142.50, AND ADOPTING A NOTICE OF EXEMPTION REGARDING SAME Director of Engineering James Cramsie, from CNC Engineering provided a staff report and Mayor Moss asked if we had worked with Sequel Contractors, Inc., before and James Cramsie said "yes, multiple times before" . Council Member Ruggles asked if there was a start date and James Cramsie replied that he did not know at this time but usually it's between 30-60 days.

RECOMMENDED ACTION: Award the Contract to Sequel
Contractors, Inc. in the amount of $2,222, 142.50, authorize the City Manager to approve change orders up to ten percent of the contract amount, and adopt the Notice of Exemption.

6.7 CONSIDERATION OF AWARD OF CONTRACT NO. CITY-1489, FIRE

DAMAGE REPAIR OF EV AND SOLAR ENERGY SYSTEM AT METROLINK STATION, TO GOLDEN SUN FIRM, IN AN AMOUNT NOT TO EXCEED $768,750.00,

AND ADOPT A NOTICE OF EXEMPTION REGARDING SAME
RECOMMENDED ACTION: Award the Contract to Golden
Sun Firm in the amount of $768,750 and adopt the Notice of Exemption.

Dev Birla, Operations Manager at CNC Engineering, provided a staff report and was available to answer any questions.

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CONSIDERATION OF AMENDMENT NO. 2 TO THE AMENDED AND

RESTATED DESIGN-BUILD AGREEMENT WITH SKYBRIDGE RENEWABLES, LLC, FOR THE SOLAR PANELS PROJECT AT CITY HALL (CIP-CC-18-019-B) RECOMMENDED ACTION: Approve the Amendment.

City Manager Josh Nelson provided a staff report and Dev Birla, Operations Manager at CNC Engineering, provided additional information. Both were available to answer any questions.

6.9 CONSIDERATION OF AN AMENDED AND RESTATED AGREEMENT WITH

LA PUENTE VALLEY COUNTY WATER DISTRICT FOR THE OPERATION AND

MANAGEMENT OF THE INDUSTRY PUBLIC UTILITIES' WATERWORKS SYSTEM RECOMMENDED ACTION: Approve the amended and
restated agreement and authorize the City Manager to execute same.

This item was pulled from the agenda.

MOTION BY COUNCIL MEMBER GREUBEL, AND SECOND BY MAYOR PRO TEM

MARCUCCI THAT THE RECOMMENDATIONS BE ACCEPTED FOR THE REMAINING

ITEMS LISTED ON THE CONSENT CALENDAR, WITH COUNCIL MEMBER RADECKI RECUSING HIMSELF FROM CHECK NUMBER 82334 ON ITEM 1 (REGISTER OF DEMANDS). MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES,

MPT/MARCUCCI, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

ACTION ITEMS-NONE

PUBLIC HEARINGS - NONE

CLOSED SESSION
City Clerk Gutierrez-Robles announced there was a need for Closed Session as follows:

There were no public comments.

CITY COUNCIL SPECIAL MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
FEBRUARY 8, 2024
PAGE 5

9.1 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Case: City of Industry v. San Gabriel Valley Water and Power, LLC, et al.

Superior Court of California, County of Los Angeles
Case No. 19STCV10150

9.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:

Property: Assessor Parcel Numbers 8262-015-901,
8262-012-274 and 8262-012-275
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Beach Street Development LLC
Under Negotiation: Price and terms of payment

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation; Pursuant to Government Code Section 54956.9(d) (2) One potential case

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:

Property: 1548 S Azusa Avenue; 8265-004-045
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: 1600 Azusa SB One LLC, 1552 Azusa
One LLC, 1552 Azusa Two LLC, 1552 Azusa
Three LLC
Under Negotiation: Price and terms of payment

PUBLIC EMPLOYMENT PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b)(1)
TITLE: CITY CLERK

9.6 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d) (1)
Case: City of Industry v. Superior Court of Los Angeles County, et al.

Case No.: California Court of Appeal, Second Appellate District, Case No.

B334917

CITY COUNCIL SPECIAL MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
FEBRUARY 8, 2024
PAGE 6

9.7 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 1 Industry Hills Parkway, City of Industry, CA, 91744 also known as Assessor Parcel
Numbers (portion of) 8247-014-900, (portion
of) 8247-013- 908, 8262-001-900, 8262-001-
902, (portion of) 8262-011-930, 8262-011 - 931,
8262-012-270, 8262-012- 271, 8262-012-272,
8262-012-273, (portion of) 8262-012-274,
(portion of) 8262-012- 275, 8262-012-
276, (portion of) 8262- 015-900, (portion of)
8262-015-901, 8262-015-902, 8262-015-904,
(portion of) 8262-015-905, 8263-008-270,
8263- 008-271, 8263-008-904 and 8263-027-
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Majestic Industry Hills, LLC, a Delaware limited liability company
Under Negotiation: Price and terms of payment
Mayor Moss, recessed the meeting into Closed Session at 9:16 a.m.

Mayor Moss reconvened the meeting at 10:48 a.m.

City Attorney Casso reported out of Closed Session. All members of the Council were oresent.

With regard to Closed Session Item No. 9.1 and 9.3 direction was given to the City Attorney's office, no final action taken.

With regard to Closed Session Item Nos. 9.2, 9.4, and 9.7, direction was given to the Agency Negotiators, no final action taken.

With regard to Closed Session Item Nos. 9.5, per the City Charter, the Council evaluated the City Clerk. No final action taken.

With regard to Closed Session Item Nos. 9.6, direction was given to the Agency Counsel.

CITY COUNCIL SPECIAL MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
FEBRUARY 8, 2024
PAGE 7
Nothing further to report at this time.

CITY MANAGER REPORTS
caly Manager Josh Nelson gave a brief report on how the Gily managed through the AB 1234 REPORTS
There were none.

CITY COUNCIL COMMUNICATIONS
City Manager Josh Nelson updated the Council on the planning progress for the city's bee apiary.

Council Member Greubel reported on a tour that he took along with the Industry Business Center (IBC) at the RH Peterson Company in the City of Industry. They are known for the making of fire logs and were celebrating their 75 year anniversary.

ADJOURNMENT
There being no further business, the City Council adjourned at 10:56 a.m.

CORY C. MOSS
MAYOR

JULIE GUTIERREZ-ROBLES

CITY CLERK

CITY COUNCIL
ITEM NO. 6.3

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager
DATE: March 14, 2024
SUBJECT: Consideration of the Acceptance of a Non-Exclusive Roadway Easement at 15421 East Gale Avenue, City of Industry

BACKGROUND
The San Gabriel Valley Council of Governments, a California joint powers authority, ('SGVCOG") is undertaking the Turnbull Canyon Road Grade Separation Project ("Project"). The Project consists of a grade separation of Turnbull Canyon Road and the Union Pacific Railroad between Marwood Street and Don Julian Road. A Limited Notice to Proceed has been issued to the contractor, OHL USA. Before a full Notice to Proceed can be issued all Right of Way and easements need to be acquired.

DISCUSSION
SGVCOG requires road right of way from an existing parcel for the Project. The owner of the land to be acquired is the United States Postal Service ("USPS"). Traditionally, SGVCOG obtains all easements, and at the close out of the project SGVCOG then transfers ownership. In this instance, USPS feels more comfortable granting the easement directly to the City. On February 27, 2024, the Planning Commission adopted Resolution No. PC 2024-05, and determined that the acquisition is consistent with the City's General Plan, pursuant to Government Code Section 65402.

FISCAL IMPACT
The fiscal impact will be the future maintenance cost of the additional roadway obtained to the standards set forth in the City's General Plan.

RECOMMENDATION
Staff recommends the City Council accepts the Non-Exclusive Roadway Easement and authorizes the Mayor to sign the Grant Deed.

Attachments
A. ROADWAY EASEMENT DEED

ATTACHMENT A

NO FEE DOCUMENT
Government Code §§ 6103 & 27383

RECORDING REQUESTED BY AND
AFTER RECORDING RETURN TO:

HDR
Attn.: Real Estate Services
2280 Market Street, Suite 100
Riverside, CA 92501
(Exempt from Documentary Transfer Tax Per Rev. and Tax Code §11922) SPACE ABOVE THIS LINE FOR RECORDER'S USE A portion of APN: 8218-009-900

ROADWAY EASEMENT DEED
This ROADWAY EASEMENT (the "Roadway Easement") is granted this day of _ 2024, by the United States Postal Service ("USPS), an independent establishment of the executive branch of the Government of the United States, 475 L'Enfant Plaza, SW, Room 6670, Washington, DC 20260-1862 (the "Grantor"), to the City of Industry, California, a municipal corporation (the "CITY"), located at 15625 Mayor Dave Way, City of Industry, CA 91744 , (the "Grantee"). The designations Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include the singular, plural, masculine, feminine, or neuter as required by context.

RECITALS
San Gabriel Valley Council of Governments, a California joint powers authority ("SGVCOG"), located at 1333 Mayflower Avenue #360, Monrovia, CA 91016, is undertaking the Turnbull Canyon Road Grade Separation Project, a public project that will consist of a grade separation of Turnbull Canyon Road and the Union Pacific Railroad (UPRR) between Marwood Street and Don Julian Road (the "Project"). The Project is described in final design and construction plans dated 5/20/2019 under City of Industry Project File Name C-10-DWG ("Project Plans"), which are incorporated herein by reference.

SGVCOG is a joint powers authority consisting of 31 Cities, three water districts, and three County of Los Angeles Supervisorial Districts (1, 4, and 5) within the San Gabriel Valley. SGVCOG was formed pursuant to the Joint Powers Exercise Act, California Government Code section 6500, et seq. Pursuant to the Joint Powers Act, SGVCOG is authorized to exercise those powers which its members can exercise, including the power to acquire property to further the purposes for which SGVCOG was formed. Construction of projects with regional significance is one of the purposes for which SGVCOG was formed.

C. Grantor is the owner of a tract of land and improvements in Los Angeles County located at 15421 E Gale Avenue, City of Industry, California, 91715-9998, and bearing Los Angeles County Assessor Parcel Number (APN) 8218-009-900 (the "Grantor's Parcel"), at which Grantor operates the City of Industry - Processing and Distribution Center ("Industry P&DC"). Grantor's Parcel is legally described in Exhibit A, attached hereto and incorporated herein.
1791060.1
SGVCOG has determined that a roadway easement over a portion of Grantor's Parcel of approximately 3,300 SF ("Easement Area"), shown and described in Exhibit B, attached hereto and incorporated herein, is necessary for the construction, installation, maintenance, and repair of the Project.

E. SGVCOG shall be responsible for overseeing and completing the construction of the Project until completion, whereupon Grantee shall be responsible for the operation, maintenance, and repair of the roadway improvements constructed for the Project ("Project Completion").

F. SGVCOG is ready, willing and able to meet the responsibilities and obligations set forth herein, through and including the date of Project Completion.

G. Grantor, SGVCOG, and Grantee set forth below their respective rights and obligations for a Roadway Easement on Grantor's Parcel.

For and in consideration of the mutual promises set forth herein and payment of the sum of Two Hundred Nine Thousand Two Hundred Fifty Dollars and Zero Cents ($209,250.00), of which said sum $1,250.00 represents review fee, and other good and valuable consideration, received in hand and acknowledged by the Grantor, the Grantor, Grantee, and SGVCOG covenant and agree as follows:

AGREEMENTS

1. Grantor hereby grants, declares, establishes, and creates for the benefit of Grantee a perpetual non-exclusive easement for roadway purposes over, under, along, across, and through the Easement Area, for the purpose of the construction, installation, maintenance, and repair of any improvements installed within the Easement Area in the course of the Project.

2. All work performed by SGVCOG to construct the Project shall be performed in full compliance with all applicable local, state, or federal statutes, rules, regulations, orders, codes, directives, ordinances, and any binding judicial or administrative interpretations thereof and requirements thereunder, and SGVCOG shall obtain all necessary local, state, or federal permits, licenses, and approvals necessary for the conduct of such work.

3. SGVCOG and/or its contractors), at their sole cost and expense, shall maintain and keep in effect during any and all construction, installation, repair, or maintenance activities within the Easement Area until Project Completion, insurance against claims for personal injury (including death) or property damage, under a policy of comprehensive general public liability insurance, with such limits (through basic coverage plus umbrella coverage) as may be reasonably requested by USPS from time to time, but not less than $1,000,000 in respect of bodily injury (including death) and property damage, which amounts shall be adjusted upon reasonable request of USPS from time to time to amounts which are normal and customary for similar operations.

Such policies of insurance shall name USPS as an additional insured. The policy shall provide that it shall not be cancelable, nor may it expire without at least thirty (30) days' prior written notice to USPS. Prior to the commencement of construction of the Project within this Roadway Easement, there shall be delivered to USPS a certificate of the insurance carrier certifying that the policy so delivered has been issued and is in effect and the duration thereof. At least thirty (30) days before any policy shall expire (10 days for non-payment of premium), Grantee shall deliver to USPS a replacement certificate. At least twenty (20) days prior to the date that the premium on any policy shall become due and payable, USPS shall be furnished with satisfactory evidence of its payment.
1791060.1

4. During Project construction, SGVCOG shall be responsible for maintenance and repair of the Easement Area, which shall include but not be limited to snow removal, landscaping, grading, and paving. After Project Completion, Grantee shall be responsible for maintenance and repair of the Easement Area. In addition, Grantee and SGVCOG shall each be responsible for Grantee's and SGVCOG's equipment and facilities respectively, and all costs related thereto.

5. SGVCOG, by acceptance of its responsibilities and obligations pursuant to this Roadway Easement, agrees for and on behalf of itself, its agents, servants, employees, invitees, contractors and subcontractors who may at any time use, occupy, visit, or maintain said Easement Area that Grantor shall not be responsible for damage or loss to property, injuries, or death that which may arise from or be incident to the use and occupation of the Easement Area by SGVCOG, its agents, servants, employees, invitees, and contractors and subcontractors up to and including the date of Project Completion.

6. Grantee, by acceptance of this Roadway Easement, agrees for and on behalf of itself, its agents, servants, employees, invitees, and contractors and subcontractors who may at any time use, occupy, visit, or maintain said Easement Area that Grantor shall not be responsible for damage or loss to property, injuries, or death that which may arise from or be incident to the use and occupation of the Easement Area by Grantee, its agents, servants, employees, invitees, and contractors and subcontractors.

7. SGVCOG agrees to indemnify and hold the Grantor, its successors, and assigns harmless against any and all claims, demands, damages, costs, expenses, and legal fees for any loss, injury, death, or damage to persons or property that is suffered or sustained by Grantor, its employees, the public, or by any person whosoever may at any time be using, occupying, visiting, or maintaining the property that is the subject of said Roadway Easement, or be on or about the property that is the subject of said Roadway Easement, when such loss, injury, death, or damage is asserted to have been caused by any negligent act or omission or intentional misconduct of SGVCOG or its agents, servants, employees, invitees, or contractors arising from or incident to SGVCOG's construction, installation, repair, or maintenance activities within the Easement Area.

In case of any action or proceeding brought against the Grantor, by reason of such a claim, upon notice from the Grantor, SGVCOG shall cover the cost to defend such action or proceeding.

Grantee shall release and protect the Grantor to the full extent that law allows from any and all claims, demands, damages, costs, expenses, and legal fees for any loss, injury, death, or damage to persons or property that is suffered or sustained by Grantor, its employees, the public, or by any person whosoever may at any time be using, occupying, visiting, or maintaining the property that is the subject of said Roadway Easement, or be on or about the property that is the subject of said Roadway Easement, when such loss, injury, death, or damage is asserted to have been caused by any negligent act or omission or intentional misconduct of the Grantee or its agents, servants, employees, invitees, or contractors arising from or incident to Grantee's construction, installation, repair, or maintenance activities within the Easement Area.

8. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted. During all periods) of its construction, installation, repair or maintenance activities within the Easement Area, through Project Completion, SGVCOG agrees to provide the Grantor, its employees, customers, and the public with continual and uninterrupted access through the Easement Area to the Industry P&DC. Further, SGVCOG agrees that during any such period(s), Grantor's operations shall not be interrupted, disrupted, or otherwise impeded as a result of such activities within the Easement Area. In the event Grantor, its employees, customers, or the public are not provided with continual and uninterrupted access through the Easement Area to the Industry P&DC, or in the event Grantor's operations 1791060.1
are interrupted, disrupted, or otherwise impeded by reason of SGVCOG's activities within the Easement Area, SGVCOG shall be in breach of its obligations pursuant to this Roadway Easement. In the event of such a breach, Grantor shall notify SGVCOG in writing of the precise nature of the breach; email notice to SGVCOG is specifically allowed. SGVCOG shall respond to such notice of breach within three (3) hours of its receipt of Grantor's written notice and further, shall work diligently to remedy such breach in an expedited manner. In the event SGVCOG fails to so respond or fails to work diligently to remedy the breach in an expedited manner, Grantor shall have the right to cause SGVCOG to stop work within the Easement Area until such time as access or Grantor operations are restored, and Grantor has the right to seek damages from SGVCOG to the full extent allowed under federal law.

During all period(s) of Grantee's activities within the Easement Area, Grantee agrees to provide the Grantor, its employees, customers, and the public with continual and uninterrupted access through the Easement Area to the Industry P&DC. Further, Grantee agrees that during any such period(s), Grantor's operations shall not be interrupted, disrupted, or otherwise impeded as a result of such activities within the Easement Area. In the event Grantor, its employees, customers, or the public are not provided with continual and uninterrupted access through the Easement Area to the Industry P&DC, or in the event Grantor's operations are interrupted, disrupted, or otherwise impeded by reason of Grantee's activities within the Easement Area, Grantee shall be in breach of this Roadway Easement. In the event of such a breach, Grantor shall notify the Grantee in writing of the precise nature of the breach; email notice to the Grantee is specifically allowed. Grantee shall respond to such notice of breach within three (3) hours of its receipt of Grantor's written notice and further, shall work diligently to remedy such breach in an expedited manner. In the event Grantee fails to so respond or fails to work diligently to remedy the breach in an expedited manner, Grantor shall have the right to cause the Grantee to stop work until such time as access and/or Grantor's operations are restored, and Grantor has the right to seek damages from the Grantee to the full extent allowed under federal law.

Prior to commencement of Project construction activities within the Easement Area, SGVCOG shall provide Grantor with at least 48 hours prior notice before entering the Easement Area. For purposes of notices set forth herein, addresses are:
1791060 1
Grantee: City of Industry Grantor: USPS Headquarters
Attn.: Joshua Nelson, City Manager ttn.: Easement & Right of Way Specialis 15625 Mayor Dave Way 75 L'Enfant Plaza, SW, Room 667
City of Industry, CA 91744 Washington, DC 20260-1862
Copy To: SGVCOG Copy To: City of Industry P&DC
Attn.: Right of Way Agent Attention: Plant Manager
1333 Mayflower Avenue #360 15421 Gale Avenue
Monrovia, CA 91016 City of Industry, CA 91715

10. Any claim, controversy or dispute arising out of this Roadway Easement shall be governed by applicable federal law.

Grantor does not warrant that the Easement Area is suitable for the purposes set forth herein and Grantee hereby waives any express or implied warranty on the part of Grantor.

Grantor has no knowledge of subsurface conditions and makes no representations as to soil types, existence of underground utilities, or any other latent conditions that may impact Grantee's use and enjoyment of said Roadway Easement.

12. This Roadway Easement is granted subject to all restrictions, covenants, other easements, (including, without limitation, the easement reserved to Grantor Cascade Die Casting Group, Inc., its successors and assigns, in the deed attached at Exhibit C hereto), encumbrances, liens of any kind, leases, and interests of others, including rights-of-way for roads, pipelines, railroads, and public utilities, whether or not matters of public record.

SGVCOG is not permitted to discharge storm water runoff within the Easement Area onto the remainder of Grantor's Parcel. Such prohibition shall include, but not be limited to, discharging silt, hazardous materials, or other environmental contaminants within the Easement Area onto the remainder of Grantor's Parcel. Further, SGVCOG shall comply with all environmental laws when performing any activity within the Easement Area or Grantor's Parcel generally. In the event that any hazardous materials or other environmental contaminates are discharged by SGVCOG, its employees, agents, contractors, subcontractors or invitees, SGVCOG shall be solely responsible for the cost of any remediation or clean up required by applicable law or regulations and shall indemnify and hold the USPS, its successors, and assigns harmless against any and all claims, demands, damages, costs, expenses, and legal fees incurred by USPS in connection with or related to any such discharge, remediation, or clean up.

Grantee is not permitted to discharge storm water runoff within the Easement Area onto the remainder of Grantor's Parcel. Such prohibition shall include, but not be limited to, discharging silt, hazardous materials, or other environmental contaminants within the Easement Area onto Grantor's Parcel. Further, Grantee shall comply with all environmental laws when performing any activity within the Easement Area or Grantor's Parcel generally. In the event that any hazardous materials or other environmental contaminates are discharged by the Grantee, its employees, agents, contractors, subcontractors or invitees, the Grantee shall be solely responsible for the cost of any remediation or clean up required by applicable law or regulations.

IN WITNESS WHEREOF, the parties hereto have executed this Roadway Easement of the day and year first above written.
[Signature and Notary Pages to Follow]
1791060.1
Grantor:

United States Postal Service
By:_
Its: Contracting Officer

STATE OF COLORADO )
) Ss

COUNTY OF -
On this 2024, personally appeared
before me, Letitia Russell, Contracting Officer, who being by me duly sworn, did say that she represents the United States Postal Service, and acknowledged to me that, acting under a delegation of authority duly given and evidenced by law and presently in effect, she executed said instrument as the act and deed of the United States Postal Service for the purposes therein mentioned.

SEAL NOTARY PUBLIC
My commission expires:
17910601
Grantee:

City of Industry
By:

Its:

CALIFORNIA NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of
On before me,
(name and title of officer), personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that she/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
1791060.1
San Gabriel Valley Council of Governments
By:

Its:_

State of California
County of
On before me,_
(name and title of officer), personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that she/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
-
1791060.1

EXHIBIT A - GRANTOR'S PARCEL
1791060.1

EXHIBIT B - SURVEY AND LEGAL DESCRIPTION

LEGAL DESCRIPTION
APN: 8218-009-900
(ROADWAY EASEMENT:

THAT PORTION OF LOTS 14 AND 19 OF TRACT NO. 1953, IN THE CITY OF

INDUSTRY, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22 PAGES 158 AND 159 OF MAPS, IN THE OFFICE OF THE

COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 14 AS SHOWN ON SAID MAP;
THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 14, NORTH 26°05'34" EAST, 30.00 FEET TO THE NORTHERLY LINE OF THAT CERTAIN 60 FOOT WIDE EASEMENT FOR INGRESS AND EGRESS RECORDED IN BOOK D651, PAGE 113 OF OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG SAID NORTHERLY LINE SOUTH 63°54'34" EAST, 20.00 FEET TO THE EASTERLY LINE OF TURNBULL CANYON ROAD (80.00 FEET WIDE) AND THE

POINT OF BEGINNING, SAID EASTERLY LINE BEING PARALLEL WITH AND DISTANT EASTERLY 20.00 FEET, MEASURED AT RIGHT ANGLES TO SAID

NORTHWESTERLY LINE, AS DESCRIBED IN THE GRANT DEED RECORDED DECEMBER 22, 1987 AS INSTRUMENT NO. 87-2017018, OFFICAL RECORDS OF SAID THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 63°54'34" EAST, 55.00 FEET TO A LINE PARALLEL WITH AND DISTANT EASTERLY 75.00 MEASURED AT RIGHT ANGLES TO SAID NORTHWESTERLY LINE OF LOT 14;

THENCE ALONG SAID PARALLEL LINE AND ITS SOUTHERLY PROLONGATION SOUTH 26°05'34" WEST, 60.00 FEET TO THE SOUTHERLY LINE OF SAID 60 FOOT WIDE EASEMENT;
THENCE ALONG SAID SOUTHERLY LINE, NORTH 63°54'34" WEST, 55.00 FEET TO SAID EASTERLY LINE OF TURNBULL CANYON ROAD;
THENCE ALONG SAID EASTERLY LINE, NORTH 26°05'34" EAST, 60.00 FEET TO THE POINT OF BEGINNING.
1791060.1
THE ABOVE DESCRIBED PARCEL CONTAINS 3,300 SQUARE FEET OR 0.076 ACRES, MORE OR LESS.

BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 5 (NAD83) 2007 EPOCH. DIVIDE GRID DISTANCES SHOWN BY 1.000088575 TO OBTAIN GROUND LEVEL DISTANCES.

AS SHOWN ON EXHIBIT "B" ATTACHED HEREWITH AND MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY DIRECTION.

LAND

PROTESSTONAE SURVE YOR
06/14/2019 JAMES R. RIOS
DATE
No. 8823

STATE CALIFORNIA
OF
2 1791060.1
EXHIBIT "B"
OWNER: UNITED STATES POSTAL SERACE
SGVCOG
LEGAL: POR. LOTS 14, 15, 18 & 19 OF TRACT 1953, RECORDED IN ACCEPTED BY:

BOOK 22/158-159 OF MAPS, AS DESCRIBED IN DEED RECORDED CHIEF ENGINEER 12/23/1987 AS INS. NO. 87-2021630, O.R. DATE: 6/18/19
APN: 8218-009-900
40°
20°
CANYON ROAD 20° ONWAY LINE POR. LOT 14
• IOT 1
TRACT NO. 1953

MARWOOD
/ M.B. 22/158-159
-STREET
/
N26'05'34'E 20.027 S6354'34'E 75.02. APN: 8218-009-33
/.

TURNBULL P.O.C. 55.00 N'LY LINE OF 60' ESM
• DESC. IN BK. D651, PC
SW COR 113, O.R.

LOT 14 60.00° _ N26'05'34"E,
2019 - 8217-007-50
LAND DESC. IN GRANT 60.00°
DEED REC. 12/22/87 AS
Jun / INST. NO. 87-2017018
APN: 55.00
N63'54'34"W APN: 8218-009-900
70° 20-
20° / POR. LOT 19
N'WLY LINE' TRACT NO. 1953
OF LOT 19. S'LY LINE OF 60' ESMT
M.B. 22/158-159 DESC. IN BK. D651, PG.

APN: 8218-009-31 113, O.R.
5312 ACE Turnbull Canyon Rood Office Legals 210\21DU ROADWAY\15312_Roadway_Esmt_210U(2) dug; JAMES R. RIOS
8823
SATE CALIFORNH SHEET 1 OF 2
(SEE LEGEND ON SHEET 2)

AREA TOTAL REQUIRED REMAINDER
SQUARE FEET 187,872 3,300 184,572
SAN GABRIEL VALLEY TURNBULL CYN RD.

COUNCIL OF GOVERNMENTS 1 = 40°
GRADE SEPARATION DATE:

TOWILL,
REEOMMENDED BY: REV. No. DATE:

CITY OF INDUSTRY
RECKER BY: LS.: 8823 PROJECT MANAGER 210U
1791060.1
XHIBIT "B"
OWNER: UNITED STATES POSTAL SERVICE
SGVCOG
LEGAL: POR. LOTS 14, 15, 18 & 19 OF TRACT 1953, RECORDED IN ACCEPTED BY:

BOOK 22/158-159 OF MAPS, AS DESCRIBED IN DEED RECORDED CHIEF ENGINEER 12/23/1987 AS INS. NO. 87-2021630, O.R. DATE: 6/18/15
APN: 8218-009-900
7/11
TEMPORÁRY

CONSTRUCTON

EASEMENT
_WALBROOK DRIVE - ROAD E
ALLEY
2019 -
Jun GALE AVENUE

VICINITY MAP

NOT TO SCALE
BASIS OF BEARINGS:

IS BASED ON THE CALFORNIA COORDINATE SYSTEM (CCSB3).

DETERMINED LOCALLY BY A LINE BETWEEN CONTINUOUS GLOBAL
POSITONING STATIONS (GPS) AND "WCHS" BEING
Canyon Road\Office \Legals),210\210 ROADWAY\15312. Roodway_Esmt_21 0U(2). deo; COORDINATES

BY THE CALFORNIA SPATIAL REFERENCE CENTER
LEGEND:

EASEMENT ARE TO BE CONVEYED FOR ROADWAY
EASEMENT PURPOSES.

AREA= 3,300 SQ. FT. (0.076 ACRES)
• AFFECTED PROPERTY SHEET 2 OF 2
- CENTERLINE
- RIGHT OF WAY

AREA TOTAL REQUIRED REMAINDER
SQUARE FEET 187,872 3,300 184,572
SAN GABRIEL VALLEY DATE: 06/13/2019
TURNBULL CYN RD. ScaLe:

COUNCIL OF GOVERNMENTS GRADE SEPARATION T = 40°
TOWILL, INC DATE:

SEYOOMENDEO BY: REV. NO. DATE:

CITY OF INDUSTRY SCVCOG
OTECKEs Ls.: 8823 PROJECT MANAGER PARCEL No 210U
1791060.1

CITY COUNCIL
ITEM NO. 6.4

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Yamini Pathak
DATE: March 14, 2024
SUBJECT: Presentation of the FY 2023-2024 Mid-Year Budget Report, and Consideration of Anamene of Cana improvemen Pagan logan i a Budgete

BACKGROUND
On May 25, 2023, the City Council ("Council") adopted the City's FY 2023-24 ("FY 24") Operating Budget for its General Fund and all its other funds and affiliated entities. Throughout the fiscal year, unanticipated revenues and expenditures arise that potentially impact the adopted budget and require budget amendments.

DISCUSSION
On May 25, 2023, the City Council adopted the City's FY 24 General Fund Operating Budget, with expenditures of $55.2 million. Subsequent approved budget amendments to date increased the expenditures to $55.4 million, supported by 74.8 million in revenues.

The FY 24 mid-year update discusses the changes to revenue and expenditures through the halfway point of the year and provides an overview of the FY 24 proposed budget amendments.

Revenues:
• General Fund - The FY 23-24 Operating Budget anticipated revenues of $74.8 million for the General Fund. The proposed mid-year budget amendment reflects an increase in General Fund revenues of $6,356,000. The change comes primarily from interest income revenues, which rose significantly as a result of increases in interest rates during the year. The $8.1 million interest income increase is being offset by a decrease of $1.6 million due to overbudgeted MTA reimbursement for the 57/60 confluence project, which is now being budgeted in the Capital Improvements Project Fund, where the expenses are being incurred. • Special Revenue Fund - Proposition A - The proposed budget includes an additional $2,333,333 in revenue, due to Prop A exchange funds purchased. • Fiduciary/ Debt Service Fund - An increase of $2 million is proposed to the City's Debt Service Fund due to increased revenue from bank interest rates. • IPUC Electric - The proposed budget includes an increase in revenues of $250,000 due to higher interest rates. An additional increase of $800,000 is being proposed for energy delay damages payments the IPUC has received so far, and will continue to do so through end of the fiscal year.
• IPUC Water - The proposed increase for IPUC Reclaimed Water includes $200,000 additional revenue from investment interest income. An additional $57,500 is being added for water sales revenues in the IPUC Potable Water fund.
• CARB Fund - The proposed budget includes an increase in revenues of $256,000 primarily from higher CARB revenues than originally expected.
• CRIA - Expo Center - An increase of $356,000 to CRIA Expo Center's revenue budget is proposed due to a conservative budget set for the fiscal year that has been exceeded due to increased event bookings.
• Capital Improvement Program - An increase of $3.1 million is proposed to the City's CIP Fund due to increased revenue from bank interest rates.

Expenditures:
• General Fund - The FY 23-24 Operating Budget anticipated expenditures of $55.4 million for the General Fund. The proposed mid-year budget amendments reflect an increase in General Fund expenditures by $3,926,700. The increase is mainly due to $1.87 million spent in exchange for the $2.33 million received in Prop A funds. An additional $1.8 million is being added for El Encanto. Some general fund department budgets are being reduced, notably engineering and human resources, due to overbudgeted benefits. • Special Revenue Fund -- Streets - Revenues for the fund were originally budgeted at $26,000 and expenses in the fund need to be increased from the original budget of $17,000 to $26,000 to match revenues received.
• IPUC Electric -- The proposed overall increase of $400,000 in the City's Electric Fund is due to the new energy storage facility being used, and an increase in professional services. • IPUC Water - The proposed increase for IPUC Potable Water includes $60,000 for additional professional services.
• CARB Fund - The proposed budget includes an increase in expenditures of $103,000 for rebates reimbursed to IPUC for eligible expenses under the program. • CRIA - Expo Center - The increase in revenue due to event bookings described above is offset partially by an increase in expenses across the board of $160,000. • Capital Improvement Program - - In May 2023, the City Council adopted a Capital Improvement Program ("CIP)" budget of $71,390,000. The proposed CIP mid-year budget amendments will decrease the CIP budget by $2,665,000 as many projects have decreased while others have increased.

FISCAL IMPACT
By approving the FY 24 Proposed Budget Amendments, the net effect on the City's General Operating Budget will result in an increase in revenues of $15,671,800 and an increase in expenditures of $1,993,700, which includes a decrease of $2,665,000 in the Capital Improvement Program, resulting in a net increase of the City-wide budget by $13,678,100. Transfers In/Out will decrease by net $429,000.

RECOMMENDATION
Staff recommends that the City Council receive and file the FY 24 Mid-Year Budget Report, and adopt Resolution No. CC 2024-07, approving the Proposed FY 24 Mid-Year Budget Amendments.

Attachments
Resolution
Mid-Year Budget
RESOLUTION NO. CC 2024-07

A RESOLUTION OF THE C CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, ADOPTING THE CITY'S FISCAL YEAR 2023-2024
PROPOSED MID-YEAR BUDGET AMENDMENTS, AND FY 2023-2024

PROPOSED MID-YEAR BUDGET AMENDMENTS FOR THE CAPITAL

IMPROVEMENT PROGRAM BUDGET
WHEREAS, on May 25, 2023, the City Council ("Council") adopted the City's FY 2023-2024 ("FY 24) Operating Budget for its General Fund, and all its other funds and affiliated entities; and
WHEREAS, throughout a fiscal year, unanticipated revenues and expenditures may arise that could potentially impact the adopted budget and require budget amendments; and
WHEREAS, on March 14, 2024, the FY 24 Mid-Year Budget Report was presented to the Council and the Council was provided an update on the City's fiscal performance through the mid-point of the fiscal year, from July 1, 2023, through December 31, 2023, comparing all revenues and expenditures to the same period in the prior fiscal year and against adopted budget levels; and
WHEREAS, the FY 24 Mid-Year Budget Report also presented an overview of the FY 24 Mid-Year Budget Amendments for Council's consideration to approve and amend the FY 24 Adopted Budget.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council received a presentation on the FY 2023-24 Mid- Year Budget Report and hereby receives and files same.

Section 3. The City Council hereby approves the FY 24 Mid-Year Budget Amendments, attached hereto as Exhibit A, and incorporated herein by reference.

Section 4. The City Council hereby authorizes the City Manager, or his designee, to make the appropriate changes and budget amendments in the City's Financial System.

Section 5. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

Section 6. The City Clerk shall certify to the adoption of this Resolution, and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry, at a regular meeting held on March 14, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
Cory C. Moss, Mayor
ATTEST:

Julie Gutierrez-Robles, City Clerk
2 CITY OF INDUSTRY

PROJECTED FUND BALANCES

MID-YEAR BUDGET UPDATE
FISCAL YEAR 2023-2024
Exhibit A

PROPOSED MID YEAR PROPOSED MID YEAR PROJECTED FUND
FUND BALANCE AMENDED REVENUE AMENDED EXPENDITURES PROPOSED MID-YEAR PROPOSED MID-YEAR BALANCE JUNE 30, JUNE 30, 2023 BUDGET BUDGET AMENDED TRANSFERS IN AMENDED TRANSFERS OUT 2024

GENERAL FUND
100 OPERATIONS 698,926,439.00 81,185,000.00 (59,294,700.00) 13,046,600.00 (43,444,200.00) 690,419,139.00 698,926,439.00 81,185,000.00 (59,294,700.00) 13,046,600.00 (43,444,200.00) 690,419,139.00

SPECIAL REVENUE FUNDS
101 STATE GAS TAX 7,230.00 26,000.00 (26,000.00) 7,230.00 102 MEASURE R 8,000.00 (8,000.00) :
103 PROP A (13,174.00) 2,348,300.00 (248,000.00) 2,087,126.00 104 PROP C 8,909.00 11,000.00 (11,000.00) 8,909.00
105 AIR QUALITY 471.00 - 471.00
106 MEASURE M 9,000.00 (9,000.00 : : 2.459,955.00
107 MEASURE W 1,911,956.00 1,622,000.00 ,074,000.00
165 CITY ELECTRIC - CARB 974,719.00 475,000.00 (103,000.00) 1,346,719.00 2,890,111.00 4,499,300.00 (1,479,000.00) 5,910,411.00

ENTERPRISE FUNDS
160 IPHMA 10,005,268.00 308,000.00 (1,089,000.00) 781,000.00 10,005,268.00 161/122 CITY ELECTRIC 31,797,265.00 6,626,000.00 (11,843,000.00) 142001 26,580,265.00 360 CRIA 206,282.00 3,000.00 (2,189,000.00) 3,576,200.00 1,152,282.00 361 EXPO CENTER 16,112,680.00 1,571,800.00 (2,469,000.00) 444,200.00 15,659,680.00 560/123 IPUC - RECLAIMED WATER 18,682,214.00 1,413,000.00 (3,519,000.00) 16,576,214.00 561 IPUC-POTABLE WATER 1,227,994.00 2,426,600.00 (2,429,200.00) 1,225,394.00 78,031,703.00 12,348,400.00 (23,538,200.00) 4,801,400.00 (444,200.00) 71,199,103.00

CAPITAL IMPROVEMENTS FUND
120 CAPITAL IMPROVEMENTS FUND-CITY 120,303,977.00 11,761,000.00 (56,545,000.00) - 75,519,977.00 121 CAPITAL IMPROVEMENTS FUND-CRIA (587,878.00) (2,185,000.00) (2,772,878.00) 124 CAPITAL IMPROVEMENTS FUND-IPHMA (14,130.00) (1,000,000.00) (1,014,130.00) 119,701,969.00 11,761,000.00 (59,730,000.00) 71,732,969.00

FIDUCIARY FUNDS
145 ASSESSMENT DISTRICT 91-1

DEBT SERVICE
135 TAX OVERRIDE 2,161.00 2,161.00
140 CITY OF INDUSTRY 50,191,239.00 2,00000.00 (26,453,400.00) 39.087,000.00 (23,046,600.00) 51,778,239.00 440 IPFA (6,894,455.00) 4,093,000.00 (4,216,800.00) (7018,255.00) 43,298,945.00 6,093,000.00 (30,670,200.00) 39,087,000.00 (13,046,600.00) 44,762,145.00 PROJECTED ENDING FUND BALANCE 942,849,167.00 115,886,700.00 (174,712,100.00) 56,935,000.00 (56,935,000.00) 884,023,767.00

CITY OF INDUSTRY

PROJECTED FUND BALANCES

MID-YEAR BUDGET UPDATE
FISCAL YEAR 2023-2024
Exhibit B

ADOPTED PROPOSED MID YEAR ADOPTED PROPOSED MID YEAR PROPOSED NET FUND BALANCE REVENUES 2023- INCREASE AMENDED REVENUE EXPENDITURES INCREASE AMENDED MID YEAR JUNE 30, 2023 (DECREASE) BUDGET 2023-2024 (DECREASE) EXPENDITURES BUDGET BUDGET CHANGE

GENERAL FUND
100 OPERATIONS 698,926,439.00 74,829,000.00 6,356,000.00 81,185,000.00 (55,368,000.00) 3,926,700.00 (59,294,700.00) 10,282,700.00 698,926,439.00 74,829,000.00 6,356,000.00 81,185,000.00 (55,368,000.00) 3,926,700.00 (59,294,700.00) 10,282,700.00

SPECIAL REVENUE FUNDS
101 STATE GAS TA> 7,230.00 26,000.00 26,000.00 (17,000.00) 9,000.00 (26,000.00) (9,000.00) 102 MEASURE R 8,000.00 23232000 8,000.00 (8,000.00) (8,000.00) 103 PROP A (13,174.00) 15,000.00 2,348,300.00 (248,000.00) (248,000.00 2,333,300.00 104 PROP C 8,909.00 11,000.00 11,000.00 (11,000.00) (11,000.00 105 AIR QUALITY 471.00 : :
106 MEASUREM 9,000.00 9,000.00 9,000.00 (9,000.00)
10 MEASURE W 1,911,956.00 1,622,000.00 1,622,000.00 ,074,000.00 (1,074,000.00) 165 CITY ELECTRIC - CARB 974,719.00 256,000.00 219,000.00 475,000.00 103,000.00 (103,000.00) 116,000.00 2,890,111.00 1,947,000.00 2,552,300.00 4,499,300.00 (1,367,000.00) 112,000.00 (1,479,000.00) 2,440,300.00

ENTERPRISE FUNDS
160 IPHMA 10,005,268.00 308,000.00 308,000.00 (1,089,000.00) (1,089,000.00) 161/122 CITY ELECTRIC 31,797,265.00 5,576,000.00 1,050,000.00 6,626,000.00 (12,013,000.00) (270,000.00) (11,843,000.00) 1,220,000.00 360 CRIA 206,282.00 3,000.00 3,000.00 (2,189,000.00) (2,189,000.00) 361 EXPO CENTER 16,112,680.00 1,215,800.00 356,000.00 1,571,800.00 (2,309,000.00) 160,000.00 (2,469,000.00) 196,000.00 560/123 IPUC - RECLAIMED WATER 18,682,214.00 1,213,000.00 200,000.00 1,413,000.00 (3,829,000.00) (310,000.00) (3,519,000.00) 510,000.00 561 IPUC - POTABLE WATER 1,227,994.00 2,369,100.00 57,500.00 2,426,600.00 (2,369,200.00) 60,000.00 (2,429,200.00) (2,500.00) 78,031,703.00 10,684,900.00 1,663,500.00 12,348,400.00 (23,798,200.00) (260,000.00) (23,538,200.00) 1,923,500.00

CAPITAL IMPROVEMENTS FUND
120 CAPITAL IMPROVEMENTS FUND-CITY 120,303,977.00 8,661,000.00 3,100,000.00 11,761,000.00 57,655,000.00 (1,110,000.00) (56,545,000.00) 223000) 121 CAPITAL IMPROVEMENTS FUND-CRIA (587,878.00) 2,860,000.00 (675,000.00) (2,185,000.00) 124 CAPITAL IMPROVEMENTS FUND-IPHMA (14,130.00) (1,000,000.00) (1,000,000.00) 119,701,969.00 8,661,000.00 3,100,000.00 11,761,000.00 (61,515,000.00) (1,785,000.00) (59,730,000.00) (1,785,000.00)

FIDUCIARY FUNDS
145 ASSESSMENT DISTRICT 91-1

DEBT SERVICE
135 TAX OVERRIDE 2,161.00 126.45.00.00
140 CITY OF INDUSTRY 50,191,239.00 2,000000.00 2,000000.00 : (26,453,400.00) 2,00000000 440 IPFA (6,894,455.00) 4,093,000.00 4,093,000.00 (4,216,800.00) (4,216,800.00) 43,298,945.00 4,093,000.00 2,000,000.00 6,093,000.00 (30,670,200.00) (30,670,200.00) 2,000,000.00 PROJECTED ENDING FUND BALANCE 942,849,167.00 100,214,900.00 15,671,800.00 115,886,700.00 ((172,718,400.00) 1,993,700.00 (174,712,100.00) 13,678,100.00

CITY OF INDUSTRY

REVENUE/EXPENSES SUMMARY

MID-YEAR BUDGET UPDATE
FISCAL YEAR 2023-2024
Exhibit C

MID-YEAR PROPOSED

ADOPTED BUDGET BUDGET AMENDED BUDGET
FUND CATEGORY DEPARTMENT FY 23-24 AMENDMENTS FY 23-24
100 GENERAL FUND

REVENUES
General Fund Revenues 74,479,000.00 6,356,000.00 80,835,000.00 Metrolink Station Revenues 350,000.00 350,000.00
TOTAL REVENUE 74,829,000.00 6,356,000.00 81,185,000.00

EXPENSES

ADMINISTRATIVE
City Council 386,000.00 386,000.00
:

City Clerk 427,000.00 427,000.00
City Manager 1,729,000.00 43,000.00 1,772,000.00
Central Services 1,495,000.00 200,000.00 1,695,000.00
Human Resources 1,970,000.00 (280,000.00) 1,690,000.00
City Attorney/Legal 3,698,000.00 : 3,698,000.00
Legislative Services 168,000.00 168,000.00
IUDA-Admintrative Expenses 650,000.00 (127,000.00) 523,000.00 Other Uses 1,866,700.00 1,866,700.00

FINANCIAL SERVICES
City Treasurer 715,000.00 715,000.00
Finance 1,873,000.00 (6,000.00) 1,867,000.00
Information Technology 1,082,000.00 (31,000.00) 1,051,000.00

DEVELOPMENT SERVICES
Engineering 687,000.00 (200,000.00) 487,000.00
Planning 948,000.00 16,000.00 964,000.00
Development Services 1,433,000.00 5,000.00 1,438,000.00 Public Safety 14,220,000.00 434,000.00 14,654,000.00
Public Works 4,010,000.00 (125,000.00) 3,885,000.00
Streets and Roads 1,270,000.00 (100,000.00) 1,170,000.00 Other Contrated Services 4,880,000.00 4,880,000.00
Civic Financial Center 3,201,000.00 132,000.00 3,333,000.00 ndustry Hills Maintenance 556,000.00 89,000.00 645,000.00 labitiat and Open Space 730,000.00 150,000.00 880,000.00 Street Lights 743,000.00 743,000.00

COMMUNITY SUPPORT & REGIONAL

IMPROVEMENTS
El Encanto 4,629,000.00 1,866,000.00 6,495,000.00
Community Promotions & Economic Development 2,127,000.00 (33,000.00) 2,094,000.00 Workman Temple Homestead 1,408,000.00 27,000.00 1,435,000.00

METROLINK STATION
Electric Utility - Metrolink Division 333,000.00 - 333,000.00 GENERAL FUND-TOTAL EXPENDITURES 55,368,000.00 3,926,700.00 59,294,700.00

SPECIAL REVENUE FUND
101 EXPENSES
STREETS - SPECIAL REVENUES Streets Fund Expenses 17,000.00 9,000.00 26,000.00 17,000.00 9,000.00 26,000.00
103 REVENUES
PROP A Proposition A Revenues 2,333,300.00 2,333,300.00 2,333,300.00 2,333,300.00

FIDUCIARY/DEBT SERVICE FUND
140 REVENUES
CITY DEBT SERVICE City Debt Service Revenues 2,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00

ENTERPRISE FUND
161 REVENUES & EXPENSES
IPUC ELECTRIC IPUC Electric Revenues 5,576,000.00 1,050,000.00 6,626,000.00 IPUC Electric Expenses 5,548,000.00 400,000.00 5,948,000.00 28,000.00 650,000.00 678,000.00
165 REVENUES & EXPENSES
CARB CARB Revenues 256,000.00 219,000.00 475,000.00
CARB Expenses 103,000.00 103,000.00
256,000.00 116,000.00 372,000.00
361 REVENUES & EXPENSES
CRIA EXPO CENTER CRIA Expo Center Revenues 1,215,800.00 356,000.00 1,571,800.00 CRIA Expo Center Expenses 2,309,000.00 160,000.00 2,469,000.00 (1,093,200.00) 196,000.00 (897,200.00)
560 REVENUES
IPUC RECLAIMED WATER IPUC Reclaimed Water Revenues 1,213,000.00 200,000.00 1,413,000.00 1,213,000.00 200,000.00 1,413,000.00
561 REVENUES & EXPENSES
IPUC POTABLE WATER IPUC Potable Water Revenues 2,369,100.00 57,500.00 2,426,600.00 IPUC Potable Water Expenses 2,369,200.00 60,000.00 2,429,200.00 (100.00) (2,500.00) (2,600.00)

CAPITAL IMPROVEMENT PROGRAM FUND
120 REVENUES
CITY CIP Capital Improvements Fund-City Revenues 8,661,000.00 3,100,000.00 11,761,000.00 8,661,000.00 3,100,000.00 11,761,000.00

EXPENSES
120 CITY CIP Capital Improvements Fund-City Expenses 57,655,000.00 (1,110,000.00) 56,545,000.00 107 MEASURE W CIP Capital Improvements Fund-Measure W Expenses 590,000.00 590,000.00 121 CRIA CIP Capital Improvements Fund-CRIA Expenses 2,860,000.00 (675,000.00) 2,185,000.00 122/161 IPUC ELECTRIC CIP 6,465,000.00 (570,000.00) 5,895,000.00 123/560 IPUC WATER CIP 2,820,000.00 (310,000.00) 2,510,000.00 124 IPHMA CIP 1,000,000.00 1,000,000.00
71,390,000.00 (2,665,000.00) 68,725,000.00
NET REVENUE INCREASE/(DECREASE 15,671,800.00
ET EXPENSE INCREASE/(DECREASE) 1,993,700.00
TAL NET MID-YEAR BUDGET AMENDMENTS FY 23. 13,678,100.00

CITY OF INDUSTRY

REVENUE/EXPENSES DETAIL

MID-YEAR BUDGET UPDATE
FISCAL YEAR 2023-2024
Exhibit D

MID-YEAR PROPOSED

ADOPTED BUDGET BUDGET AMENDED BUDGET AMENDED BUDGET
Account Account Description FY 23-24 AMENDMENTS BUDGET AMENDMENTS FY 23-24 Fund 100 - General Fund
Department 200 - Revenue
4023 Documentary Transfer Tax 494,000.00 494,000.00 (150,000.00) 344,000.00 4122 Miscellaneous Fees 10,000.00 10,000.00 10,000.00 20,000.00 4204 Bin Impound Fees 1,000.00 1,000.00 5,000.00 6,000.00 4300.02 Investment Interest Income 941,000.00 941,000.00 599,000.00 1,540,000.00 4300.03 US Bank Interest Income 8,008,000.00 8,008,000.00 7,492,000.00 15,500,000.00 4425 Reimbursement 2,020,000.00 2,020,000.00 (1,600,000.00) 420,000.00 Department 200 - Revenue Total 11,474,000.00 11,474,000.00 6,356,000.00 17,830,000.00 Department 503 - City Manager
5007 Vacation Buyout 11,000.00 11,000.00 29,000.00 40,000.00 5610 Travel and Meetings 36,000.00 : 36,000.00 24,000.00 60,000.00 5631 Workers Compensation 15,000.00 15,000.00 (10,000.00) 5,000.00 Department 503 - City Manager Total 62,000.00 62,000.00 43,000.00 105,000.00 Department 504 - Engineering
5001 Salaries 321,000.00 130,000.00 451,000.00 (126,000.00) 325,000.00 5001.02 Salaries - Part - Time 33,000.00 33,000.00 (33,000.00) 5007 Vacation Buyout : 5,000.00 5,000.00
5017 Medical Premiums 81,000.00 81,000.00 (36,000.00) 45,000.00 5039 PARS - Employer 30,000.00 30,000.00 (10,000.00) 20,000.00 Department 504 - Engineering Total 465,000.00 130,00000 595,000.00 (200,000.00) 395,000.00 epartment 506 - Financ
5016 aIPERS - Employe 52,000.00 52,000.00 (12,000.00) 40,000.00 5610 Travel and Meetings 9,000.00 9,000.00 6,000.00 15,000.00 Department 506- Finance Total 61,000.00 61,000.00 (6,000.00) 55,000.00 Department 507 - Central Services
5012 General Insurance and Bonding 917,000.00 917,000.00 200,000.00 1,117,000.00 Department 507 - Central Services Total - 917,000.00 917,000.00 200,000.00 1,117,000.00 Department 508 - Human Resources
5017 Medical Premiums 466,000.00 466,000.00 (380,000.00) 86,000.00 5017.04 HRA Trust Account Reserves 270,000.00 270,000.00 100,000.00 370,000.00 Department 508 - Human Resources Total 736,000.00 736,000.00 (280,000.00) 456,000.00 Department 521 -Planning
5610 Travel and Meetings 2,000.00 2,000.00 6,000.00 8,000.00 5631 Workers Compensation 1,000.00 : 1,000.00 5,000.00 6,000.00 5640 Advertising and Printing 5,000.00 5,000.00
Department 521-Planning Total 300000 3,000.00 16,000.00 19,000.00 Department 525 - Information Technology Division
5695 Computer Supplies 1,000.00 1,000.00 19,000.00 20,000.00 5695.02 Computer Equipments 125,000.00 125,000.00 (50,000.00) 75,000.00 Department 525 - Information Technology Division Total 126,000.00 126,000.00 (31,000.00) 95,000.00 Department 526 - Development Services
5007 Vacation Buyout 5,000.00 5,000.00
Department 526 - Development Services Total : 5,000.00 5,000.00 Department 556 - IUDA Administration
5432 SA IUDA Administration Expenses 523,000.00 523,000.00 (127,000.00) 396,000.00 Department 556 - IUDA Administration Total 523,000.00 523,000.00 (127,000.00) 396,000.00 Department 601-Public Safety
5001.02 Salaries - Part - Time 150,000.00 150,000.00 (50,000.00) 100,000.00 5040 PARS - ARS 6,000.00 6,000.00 (6,000.00)
5120.02 Legal Services 13,000.00 13,000.00 17,000.00 30,000.00 5565 Small Equipments & Supplies 23,000.00 23,000.00
6140 Special Security Exp 679,000.00 679,000.00 450,000.00 1,129,000.00 Department 601 - Public Safety Total 848,000.00 848,000.00 434,000.00 1,282,000.00 Department 620 - El Encanto
6163 El Encanto Advances 3,500,000.00 : 3,500,000.00 1,800,000.00 5,300,000.00 8510 Property Maintenance 34,000.00 34,000.00 166,000.00 200,000.00 9010 Furniture, Equipment & Fixtures 250,000.00 : 250,000.00 (100,000.00) 150,000.00 Department 620 - El Encanto Total 3,784,000.00 3,784,000.00 1,866,000.00 5065010000000 Department 621 - Community Prom.& Economic Devlop
5640 Advertising and Printing 233,000.00 233,000.00 (33,000.00) 200,000.00 Department 621 - Community Prom.& Economic Devlop Totals 233,000.00 233,000.00 (33,000.00) 200,000.00 Department 622 - Public Works
7030 Stormwater Compliance/NPDES 125,000.00 125,000.00 (125,000.00) Department 622 - Public Works Total 125,000.00 125,000.00 (125,000.00) Department 623 - Streets and Roads
5120.01 Professional Services 100,000.00 : 100,000.00 (50,000.00) 50,000.00 7290.01 Accident Repair/ Traffic 250,000.00 250,000.00 100,000.00 350,000.00 7360 Pump House Maintenance 150,000.00 150,000.00 (150,000.00) Department 623 - Streets and Roads Total 500,000.00 500,000.00 (100,000.00) 400,00.00 Department 624 - Other Contracted Services
7420 Traffic and Street Signs 50,000.00 50,000.00 20,000.00 70,000.00 7520 Traffic Signal 150,000.00 150,000.00 (20,00000) 130,000.00 Department 624 - Other Contracted Services Total 200,000.00 - 200,000.00 200,000.00
Department 625 - Civic-Financial Center Expenses
5062 68,000.00 68,000.00 32,000.00 100,000.00
5130 Planning, Survey and Design 90,000.00 90,000.00 (20,000.00) 70,000.00 5550 Repair and Maintenance Equipment 29,000.00 29,000.00 11,000.00 40,000.00 5562 Office Equipment & Furniture 2,000.00 2,000.00 18,000.00 20,000.00 5620 11,000.00 11,000.00 11,000.00 22,000.00
5695.04 Computer - Software 23,000.00 23,000.00 40,000.00 63,000.00 5900 General Engineering 20,000.00 - 20,000.00 20,000.00 40,000.00 6050 Hazardous Waste - Disposal 243,000.00 20,000.00 20,000.00 Department 625 - Civic-Financial Center Expenses Totals 243,000.00 132,000.00 375,000.00 Department 626 - Workman Temple Homestead
5025 Miscellaneous 1,000.00 1,000.00 5,000.00 6,000.00
5560 Equipment Rental 7,000.00 7,000.00
5695 Computer Supplies 15,000.00 15,000.00
1,00000
Department 626 - Workman Temple Homestead Total 1,000.00 27,000.00 28,000.00 Department 627 - Industry Hills Maintenance
5068 Landscape Maintenance 311,000.00 311,000.00 89,000.00 400,000.00 Department 627 - Industry Hills Maintenance Total 311,000.00 311,000.00 89,000.00 400,000.00 Department 628 - Habitat & Open Space
8510 Property Maintenance 350,000.00 350,000.00 150,000.00 500,000.00 Department 628 - Habitat & Open Space Total 350,000.00 350,000.00 150,000.00 500,000.00 Department 985 - Other Uses
9799.01 Prop A Fund 1,866,700.00 1,866,700.00
Department 985 - Other Uses Totals : 1,866,700.00 1,866,700000 Fund 100 - General Fund Total
REVENUE Total 11,474,000.00 11,474,000.00 6,356,000.00 17,830,000.00 EXPENSE Total 8,827,000.00 130,000.00 8,957,000.00 3,926,700.00 12,644,700.00 Fund 101 - STREETS - SPECIAL REVENUE
Department 300 - Expenditures
7410 Public ROW (Right of Way) Maintenance 17,000.00 17,000.00 9,000.00 26,000.00 Department 300 - Expenditures Total 17,000.00 17,000.00 9,000.00 26,000.00 Fund 101 - STREETS - SPECIAL REVENUE Total
EXPENSE Total 17,000.00 17,000.00 9,000.00 26,000.00
Fund 103 - PROP A
Department 200 - Revenue
4407 Proposition A Exchange 2,333,300.00 2,333,300.00
Department 200- Revenue Total : 2,333,300.00 2,333,300.00 Fund 103 - PROP A Total
REVENUE Total 2,333,300.00 2,333,300.00
Fund 120 - Citywide Capital Improvements
Department 200 - Revenue
4300.02 Investment Interest Income 1,300,000.00 1,300,000.00 4300.03 US Bank Interest Income 1,800,000.00 1,800,000.00 Department 200- Revenue Total 3,100,000.00 3,100,000.00 Fund 120 - Citywide Capital Improvements Totals
REVENUE Total 3,100,000.00 3,100,000.00
Fund 140 - CITY DEBT SERVICE
Department 200 - Revenue
4300.03 US Bank Interest Income 2,000,000.00 2,000,000.00 Department 200 - Revenue Total : 2,000,000.00 2,000,000.00 Fund 140 - CITY DEBT SERVICE Total
REVENUE Total 2,000,000.00 2,000,000.00
Fund 161/122 - IPUC Electric
Department 200 - Revenue
4103.06 Electric- Energy Settlement 800,000.00 800,000.00 4300.02 Investment Interest Income 148,000.00 248.00000 250,000.00 398,000.00 Department 200 - Revenue Total 148,000.00 148,000.00 1,050,000.00 1,198,000.00 Department 300 - Expenditures
5120.01 Professional Services 275,000.00 275,000.00 275,000.00 550,000.00 5130 Planning, Survey and Design 530,000.00 530,000.00 (530,000.00) 5205 Construction Costs 5,750,000.00 5,750,000.00 (5,750,000.00) :
5900 General Engineering 535,000.00 535,000.00 (185,000.00) 350,000.00 6200 Contract Labor - Professional and Technical Services 150,000.00 150,000.00 50,000.00 200,000.00 6416 Electric- Energy Storage Facility 250,000.00 250,000.00 9010 Furniture, Equipment & Fixtures 225,000.00 : 225,000.00 ((175,000.00) 50,000.00 Department 300 - Expenditures Total 7,465,000.00 7,465,000.00 (6,065,000.00) 1,400,000.00 Department 718 - City Electric Improvements
5130 Planning, Survey and Design : 530,000.00 530,000.00 5205 Construction Costs : 5,750,000.00 5,750,000.00
5900 General Engineering 185,000.00 185,000.00
Department 718 - City Electric Improvements Totals : 6,465,000.00 6,465,000.00 Fund 161 - IPUC Electric Total
REVENUE Total 148,000.00 148,000.00 1,050,000.00 1,198,000.00 EXPENSE Total 7,465,000.00 7,465,000.00 400,000.00 7,865,000.00 Fund 165 - CARB
Department 200 - Revenue
4300.02 Investment Interest Income 6,000.00 6,000.00 29,000.00 35,000.00 4414 CARB Fund 250,000.00 250,000.00 190,000.00 440,000.00 Department 200 - Revenue Total 256,000.00 256,000.00 219,000.00 475,000.00 Department 300 - Expenditures
6415 Energy Rebate 103,000.00 103,000.00
Department 300-Expenditures Total 103,000.00 103,000.00 Fund 165 - CARB Total
REVENUE Total 256,000.00 256,000.00 219,000.00 475,000.00 EXPENSE Total 103,000.00 103,000.00
Fund 361 - CRIA EXPO Center
Department 812 - Speedway Revenue
8142 Bar Sales 60,700.00 60,700.00 (60,700.00)
8156 Vendor Fee 2,100.00 2,100.00 (2,100.00) :
8157 Parking Fees 20,900.00 20,900.00 (20,900.00)
Department 814 - Banquet Revenue
8141 Banquet Rentals 136,600.00 136,600.00 (13,100.00) 123,500.00 8142 Bar Sales 127,700.00 127,700.00 (24,300.00) 103,400.00 8164 Security Revenue 26,900.00 26,900.00 2,100.00 29,000.00 8189 Banquet Tulip Ins 3,900.00 3,900.00 4,000.00 7,900.00 Department 815 - Grand Arena Revenue
4444 Miscellaneous Arena Income 22,900.00 22,900.00
8035 Show Barn Stall Rental 65,900.00 65,00.00 9,200.00 75,100.00
8042 Lighting 7,100.00 7,100.00 9,500.00 16,600.00
8044 Audio/Video Tech Support 1,000.00 : 1,000.00 (1,000.00) 8045 RV Parking 12,800.00 12,800.00 30,800.00 43,600.00 8142 Bar Sales 329,800.00 329,800.00 123,600.00 453,400.00 8151 Arena Rentals 181,000.00 181,000.00 13,400.00 194,400.00 8155 Clean Up & Tear Down Fees 7,000.00 7,000.00 22,500.00 29,500.00 8156 Vendor Fee 26,900.00 26,900.00 30,800.00 57,700.00 8157 Parking Fees 135,200.00 135,200.00 163,700.00 298,900.00 8158 Outdoor Arena 2,800.00 2,800.00 6,800.00 9,600.00
8164 Security Revenue 42,500.00 42,500.00 42,400.00 84,900.00 8165 Concession Sales 7,300.00 7,300.00 (7,300.00)
8168 Equipment Rental - Banquet 9,300.00 9,300.00 4,700.00 14000.00 4440 Miscellaneous Income 1,100.00 1,100.00 (1,000.00) 100.00 Department 800s- Revenue Total 1,208,500.00 1,208,500.00 356,000.00 1,564,500.00 Department 812 - Speedway Expenditures
5756 Audio/Video 1,900.00 1,900.00 (1,900.00)
5761 Cost of Alcohol 20,600.00 20,600.00 (20,600.00)
5790 Miscellaneous 300.00 300.00 (300.00)
6225 Outside Service 700.00 700.00 (700.00)
Department 814 - Banquet Expenditures
5550 Repair and Maintenance Equipment 1,100.00 1.00.00 1,300.00 1,300.00 5630 Insurance & Bond 1,300.00 2,400.00
5745 Sales Tax - Expo Center 4,300.00 4,300.00
5750 Supplies 14,000.00 14,000.00 1,500.00 15,500.00
5754 Bar Supplies 1,000.00 1,000.00 (600.00) 400.00
5761 Cost of Alcohol 40,300.00 40,300.00 (6,400.00) 33,900.00 6140 Special Security Exp 32,300.00 32,300.00 3,800.00 36,100.00 8510 Property Maintenance 1,000.00 1,00000 (1,000.00) 17,800.00 9010 Furniture, Equipment & Fixtures 17,800.00
Department 815 - Grand Arena Expenditures
5560 Equipment Rental 16,700.00 16,700.00
5750 Supplies 21,600.00 21.000.00 3,600.00 25,200.00
5754 Bar Supplies 5,000.00 5,000.00 5,300.00 10,300.00
5756 Audio/Video 1,700.00 1,700.00 (1,700.00)
5757 Promotional Expenses 400.00 400.00 20,000.00 20,400.00 5761 Cost of Alcohol 101,800.00 101,800.00 14,700.00 116,500.00 5763 Cost of Feed 900.00 900.00
5790 Miscellaneous 1,300.00 1,300.00 1,500.00 2,800.00
6140 Special Security Exp 62,700.00 9,500.00 72,200.00
6270000 2,800.00
6145 Rider Prize Money Payout 2,800.00
6220 Contract Labor 189,600.00 : 189,600.00 9,200.00 198,800.00 6225 Outside Service 71,500.00 71,500.00 42,400.00 113,900.00 8510 Property Maintenance 6,700.00 6,700.00
9010 urniture, Equipment & Fixture 800.00 800.00 13,500.00 14,300.00 epartment 816 - Administrative Expenditure
4441.01 Cash Short/Over : (1,200.00) (1,200.00)
5530 Computer Software & Supplies 9,300.00 9,300.00
5550 Repair and Maintenance Equipment 300.00 300.00 (300.00) 5560 Equipment Rental 12,600.00 12,600.00 900.00 13,500.00 5720 Telephone 8,800.00 8,800.00 1,400.00 10,200.00
5731 Postage 1,800.00 1,800.00 (700.00) 1,100.00
5770 Bank Fees 22,300.00 22,300.00 9,200.00 31,500.00
6220 Contract Labor 302,100.00 : 302.,00.00 (115,100.00) 187,000.00 9010 Furniture, Equipment & Fixtures 2,300.00 2,300.00
Department 817 - General Expenditures
5120 Outside Services 305,100.00 305,100.00 (44,100.00) 261,000.00 5620 Vehicle Expenses 15,700.00 15,700.00 27,700.00 43,400.00 5750 Supplies 11,700.00 11,700.00 2,500.00 14,200.00
6220 Contract Labor 205,400.00 205,400.00 36,700.00 242,100.00 8040 Utilities 222,900.00 222,900.00 98,400.00 321,300.00 8510 Property Maintenance 177,100.00 177,100.00 (20,800.00) 156,300.00 9010 Furniture, Equipment & Fixtures 900.00 900.00 10,200.00 11,100.00 Department 800s - Expenditures Total : 1,856,300.00 160,000.00 2,016,300.00 1,856,300.00
Fund 361 - CRIA EXPO Center Total
REVENUE Total 1,208,500.00 1,208,500.00 356,000.00 1,564,500.00 EXPENSE Total 1,856,300.00 1,856,300.00 160,000.00 2,016,300.00 Fund 123/560 - IPUC- Reclaimed Water
Department 200 - Revenue
4300.02 Investment Interest Income 78,000.00 78,000.00 200,000.00 278,000.00 Department 200 - Revenue Total 78,000.00 : 78,000.00 200,000.00 278,000.00 Department 300 - Expenditures
5130 Planning, Survey and Design 1,375,000.00 1,375,000.00 (1,375,000.00) :
5205 Construction Costs 1,400,000.00 : 1,400,000.00 (1,400,000.00) 5900 General Engineering 50,000.00 50,000.00 (45,000.00) 5,000.00 Department 300 - Expenditures Total 2,825,000.00 : 2,825,000.00 (2,820,000.00) 5,000.00 Department 717 - IPUC- Reclaimed Water & La Puent
5130 Planning, Survey and Design 1,375,000.00 1,375,000.00 5205 Construction Costs 1,400,000.00 1,400,000.00
5900 Departmen 17. c etie We Pen Trail. : 45,000.00 45,000.00 : 2,820,000.00
2,820,000.00
Fund 560 - IPUC-Reclaimed Water Total
REVENUE Total 78,000.00 78,000.00 200,000.00 278,000.00 EXPENSE Total 2,825,000.00 2,825,000.00 2,825,000.00
Fund 561 - IPUC-Potable Water
Department 200 - Revenue
4000 Water Sale 1,322,500.00 1,322,500.00 57,500.00 1,380,000.00 Department 200 - Revenue Total 1,322,500.00 1,322,500.00 57,500.00 1,380,000.00 Department 300 - Expenditures
5120.01 Professional Services 63,500.00 63,500.00 60,000.00 123,500.00 Department 300 - Expenditures Total 63,500.00 63,500.00 60,000.00 123,500.00 Fund 561 - IPUC-Potable Water Total
REVENUE Total 1,322,500.00 1,322,500.00 57,500.00 1,380,000.00 EXPENSE Total 63,500.00 63,500.00 60,000.00 123,500.00
NET REVENUE INCREASE/(DECREASE) 15,671,800.00
NET EXPENSE INCREASE/(DECREASE) and CIP EXPENSE (EXHIBIT F) 1,993,700.00 TOTAL NET MID-YEAR BUDGET AMENDMENTS FY 23-24 13,678,100.00

CITY OF INDUSTRY

SCHEDULE OF TRANSFERS

MID-YEAR BUDGET UPDATE
FISCAL YEAR 2023-2024
Exhibit E

MID-YEAR BUDGET

TRANSFERS IN TRANSFERS OUT AMENDMENTS
1) CRIA - EXPO CENTER 640,200.00 (196,000.00)
CRIA- CAPITAL PROJECTS (ADMINISTRATIVE) (640,200.00) 196,000.00 2) CRIA- CAPITAL PROJECTS (ADMINISTRATIVE) 3,576,200.00 CITY GENERAL FUND (3,576,200.00) :
3) CITY- IPHMA 781,000.00 :

CITY GENERAL FUND (781,000.00)
4) CITY DEBT SERVICE 39,087,000.00
CITY GENERAL FUND (39,087,000.00)
CITY GENERAL FUND 13,046,600.00 :

CITY DEBT SERVICE (13,046,600.00)
5) PROP A FUND - 103 233,000.00 (233,000.00)
CITY GENERAL FUND (233,000.00) 233,000.00
57,364,000.00 (57,364,000.00)

CITY OF INDUSTRY

CAPITAL IMPROVEMENT BUDGET

MID-YEAR BUDGET UPDATE
FISCAL YEAR 2023-2024
CITY FUNDED BY CIP Exhibit F

ADOPTED BUDGET FY BUDGET AMENDED MID-YEAR BUDGET PROPOSED AMENDED Project Description BUDGET FY 23-24
23-24 APROPRIATION BUDGET AMENDMENTS
GRADE SEPARATION PROJECTS 2,375,000.00 2,375,000.00 (20,000.00) 2,355,000.00 STREET WIDENING, RECONSTRUCTION, RESURFACING AND SLURRY SEAL 32,995,000.00 485,000.00 33,480,000.00 (1,220,000.00) 32,260,000.00 STORM DRAIN IMPROVEMENTS 1,525,000.00 1,525,000.00 (50,000.00) 1,475,000.00 TRAFFIC SIGNAL IMPROVEMENTS 8,715,000.00 8,715,000.00 940,000.00 9,655,000.00 BRIDGE WIDENING, SEISMIC RETROFIT AND MAINTEANCE IMPROVEMENTS 355,000 355,000.00 355,000.00 HOMESTEAD MUSEUM 250,000 250,000.00 (20,000.00) 230,000.00 INDUSTRY HILLS GOLF & CONVENTION FACILITIES 95,000 95,000.00 95,000.00 EL ENCANTO C.I.P. 725,000.00 725,000.00 (135,000.00) 590,000.00 OPEN SPACES/ TONNER CANYON/TRES HERMANOS 1,220,000 (615,000.00) 605,000.00 605,000.00 TRES HERMANOS RANCH PROPERTY 800,000 800,000.00 (600,000.00) 200,000.00 PROPERTY REDEVELOPMENT & DEMO 30,000 30,000.00 30,000.00 MISCELLANEOUS 640,000.00 30,000.00 670,000.00 670,000.00 CIVIC CENTER FACILITIES 3,445,000.00 100,000.00 3,545,000.00 755,000.00 4,300,000.00 FACILITIES IMPROVEMENTS 4,485,000.00 4,485,000.00 (760,000.00) 3,725,000.00 Total CITY funded by CIP 57,655,000.00 57,655,000.00 (1,110,000.00) 56,545,000.00

CITY FUNDED BY MEASURE W

ADOPTED BUDGET FY BUDGET AMENDED MID-YEAR BUDGET PROPOSED AMENDED Project Description 23-24 AMENDMENTS
APROPRIATION BUDGET BUDGET FY 22-23
STORM DRAIN IMPROVEMENTS 590,000.00 590,000.00 590,000.00 Total CITY funded by CIP 590,000.00 590,000.00 590,000.00 Total CITY 58,245,000.00 58,245,000.00 (1,110,000.00) 57,135,000.00

CRIA FUNDED BY CIP

ADOPTED BUDGET FY BUDGET AMENDED MID-YEAR BUDGET PROPOSED AMENDED Project Description AMENDMENTS AMENDMENTS
22-23 BUDGET BUDGET FY 22-23
EXPO CENTER AT INDUSTRY HILLS 2,860,000.00 2,860,000.00 (675,000.00) 2,185,000.00 Total CRIA funded by CIP 2,860,000.00 2,860,000.00 (675,000.00) 2,185,000.00

IPUC FUNDED BY CIP

ADOPTED BUDGET FY BUDGET AMENDED MID-YEAR BUDGET PROPOSED AMENDED Project Description 22-23 BUDGET BUDGET FY 22-23

AMENDMENTS AMENDMENTS
TPUC - WATER UTILITY (IPU) 2,820,000 2,820,000.00 (310,000.00) 2,510,000.00 IPUC - ELECTRIC UTILITY (IPU) 6,465,000 6,465,000.00 (570,000.00) 5,895,000.00 Total IPUC funded by CIP 9,285,000.00 9,285,000.00 (880,000.00) 8,405,000.00

IPHMA FUNDED BY CIP

ADOPTED BUDGET FY BUDGET AMENDED MID-YEAR BUDGET PROPOSED AMENDED Project Description 22-23 BUDGET AMENDMENTS
AMENDMENTS BUDGET FY 22-23
IPHMA Capital Imrovements 1,000,000.00 1,000,000.00 1000000000 Total IPHMA funded by CIP 1,000,000.00 1,000,000.00 1,000,000.00 Total CIP 71,390,000.00 71,390,000.00 (2,665,000.00) 68,725,000.00

CITY COUNCIL
ITEM NO. 6.5

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager; Sean Calvillo, Director of Operations, CNC Engineering
DATE: March 14, 2024
SUBJECT: Consideration of Amendment No. 3 to the Funding Agreement with Los Angeles County Metropolitan Transportation Authority for the SR 57/60 Confluence, Grand Avenue at Golden Springs Drive

BACKGROUND
On November 18, 2014, the City entered into a Funding Agreement ("Agreement") with Los Angeles County Metropolitan Transportation Authority ("LACMTA" or "Metro"), defining the terms and conditions under which the SR-57/60 Confluence, Grand Avenue at Golden Springs Drive ("Project") activities are performed and financed. The Project includes improvements to the Grand Avenue and Golden Springs Drive Intersection, which is a precursor to further improvements in the SR 57/60 Confluence Project. The project will widen Golden Springs Drive between Copley Drive and Racquet Club Drive to add a westbound left-turn lane and a dedicated right-turn lane, widen sidewalks and add pedestrian countdown signals.

Through Metro's 2011 Call for Projects, the City secured $6.7 million in local Proposition C grant funds for a share in project costs related to the right of way acquisition, construction, and construction management activities. The remaining share is expected to be funded in bond proceeds from the Successor Agency to the Industry Urban-Development Agency. The total project costs are estimated at $18,757,000.

Metro implements a lapsing policy on all Call for Projects funding to ensure resources are provided for projects that can use them in a timely manner. The policy states that if programmed funds are not expended before their lapsing date, the grantee runs the risk of those funds becoming de-obligated for the entire project and therefore no longer being able to use them. Under the Agreement, all funds programmed for: FY2014/15 were subject to lapse on June 30, 2017; FY2015/16 were subject to lapse on June 30, 2018; and FY2016/17 were subject to lapse on June 30, 2019.

On September 1, 2017, the City executed a first amendment to the Agreement which extended the lapsing date of all programmed funds to June 30, 2019. The locally managed Call for Projects funds are allowed some flexibility in the lapsing date dependent upon a positive demonstration of Project progress and expenditures. Processing an amendment to extend the lapsing date allows the City to keep its funding without having to appear before the Metro Technical Advisory Committee (TAC) and requesting to do so.

On September 30, 2019, the City executed a second amendment to the Agreement which extended the lapsing date of all programmed funds to February 28, 2021. A construction contract was awarded on August 22, 2019, and construction was estimated to begin in January 2020.

DISCUSSION
A third amendment is necessary to extend the lapsing date of all project funds to February 29, 2024 trom February 2, 2023, to allow for the funding trom Metro to continue up to that date. Construction was delayed and began in August 2020 due to the Covid-19 pandemic. Construction is nearly complete, pending any change orders or delays. Staff will work with the Metro Project Manager as the construction phase ends to process another extension, as needed.

Amendment No. 3 also includes the following revisions:
• Part II, Paragraph 8.1(iv), of the existing Funding Agreement is being amended by deleting them in their entirety and replacing them.
• Part 1, Paragraph 8 is being amended to update the Metro Project Manager. • Attachment B-1, Scope of Work, attached to the existing Funding Agreement is being revised to reflect the updated project schedule below:

Amendment 2 schedule in Scope
FA Milestones of Work Revised Project Schedule
Start Date End Date Start Date End Date
Complete PA/ED December 2013 December 2013
Complete PS&E June 2015 March 2018 June 2015 March 2018 ROW Certification January 2016 October 2019 January 2016 October 2019 Construction Bid and April 2019 May 2019 April 2019 May 2019 Award
Construction and Project December 2019 October 2021 August 2020 December 2023 Close Out
Total Project Duration
(Months) 94 months 120 months

FISCAL IMPACT
There is no additional fiscal impact associated with Amendment No. 3.

RECOMMENDATION
It is recommended that the City Council approve Amendment No. 3.

Attachments
A. Amendment No. 3 to Funding Agreement between City of Industry and the Los Angeles County Metropolitan Transportation Authority
1N1 11IVINVALIIY A 12
FTIP# _LAF5100 CFP# F5100
AMENDMENT NO. 3
Funding Agreement No. 9200000000F5100
AMENDMENT No. 3 TO FUNDING AGREEMENT

BETWEEN CITY OF INDUSTRY AND

THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY This Amendment No. 3 to Funding Agreement (this "Amendment"), is dated as of September 30, 2023, by and between CITY OF INDUSTRY ("GRANTEE"), and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").

RECITALS:

GRANTEE and LACMTA entered into that certain Funding Agreement No. 9200000000F510, dated November 18, 2014, which was amended on September 1, 2017, and September 30, 2019 (as amended, the "Existing FA"), which Existing FA provides for the SR 57/60 Confluence, Grand Avenue at Golden Springs Drive (the "Project"); and B. Whereas, LACMTA Board on July 22, 2021, desires to extend the lapsing date of the Project to February 28, 2023; and
Whereas, LACMTA Board on September 28, 2023, desires to extend the lapsing date of the Project to February 29, 2024; and
D. GRANTEE and LACMTA desire to amend the Existing FA as provided herein.

Rev.: 03.08.2023 FA Local Amendment Lapsing Date
Extension
FTIP#_LAF5100 CFP# F5100
AMENDMENT NO. 3
Funding Agreement No. 9200000000F5100
AGREEMENT:

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:

1. Part II, Paragraph 8.1 (iv) of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following:
"8.1 (iv) Expending the Funds granted under this FA for allowable costs by the lapsing date. All Funds programmed for FY 2014-15 and FY 2015-16 have been expended and are no longer available. All Funds programmed for FY 2016-17 are subject to lapse by February 29, 2024."
Part I, Paragraph 8 of Existing FA is hereby amended to change LACMTA's project manager to ("CHARLOTTE STADELMANN'), mail stop ("99-22-7").

3. Attachment B-1 - Scope of Work, attached to the Existing FA is hereby amended by deleting the Project Schedule and replacing it with the following Revised Project Schedule.

Amendment 2 chedule in
Scope of Work Revised Project Schedule
FA Milestones
Start Date End Date Start Date End Date
Complete PA/ED December 2013 December 2013
Complete PS&E June 2015 March 2018 June 2015 March 2018 ROW Certification January 2016 October 2019 January 2016 October 2019 Construction Bid and
Award April 2019 May 2019 April 2019 May 2019
Construction and Project
Close Out December 2019 | October 2021 August 2020 December 2023 Total Project Duration
(Months) 94 months 120 months months

4. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged. 2 Rev.: 03.08.2023 FA Local Amendment Lapsing Date
Extension
FTIP# _LAF5100 CFP# F5100
AMENDMENT NO. 3
Funding Agreement No. 9200000000F5100
IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be duly executed and delivered as of the above date.

LOS ANGELES COUNTY

METROPOLITAN TRANSPORTATION AUTHORITY
By: Date:

Stephanie N. Wiggins
Chief Executive Officer
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
Ofte 2/29/2024
By: Date:

Deputy

CITY OF INDUSTRY
By: Date:

Cory C. Moss
Mayor
APPROVED AS TO FORM:

By: Date:

James M. Casso
City Attorney
3 Rev.: 03.08.2023 FA Local Amendment Lapsing Date
Extension

CITY COUNCIL
ITEM NO. 6.6

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Assistant City Manager
DATE: March 14, 2024
SUBJECT: Consideration of Amendment No. 1 to the License Agreement with the City of La Puente, for access to Assessor's Parcel No. 8208-025-943, for a community event

BACKGROUND
On December 14, 2023, the City Council approved a License Agreement with the City of La Puente ("La Puente") for the use of the City-owned property located at the northeast corner of Mayor Dave Way and Sotro Street ("Property") for a carnival, which is scheduled for April 19, 20, and 21, 2024.

The License Agreement ("Agreement") was approved for April 18, 2024, through April 22, 2024, to allow for event set up and tear down.

DISCUSSION
La Puente contacted the City with an updated itinerary for the event and is requesting access to the Property beginning April 15, 2024, to allow for additional time for all equipment to be delivered the Premises and the placement, set up, wiring, testing, and inspection of the rides and games. La Puente is also requesting to extend the Agreement to April 23, 2024, to ensure there is adequate time for the equipment to be removed and the Premises cleaned.

FISCAL IMPACT
Given that La Puente is requesting to use the Property for a community event, Staff recommends allowing the use of the Property at no cost.

RECOMMENDATION
Staff recommends that the City Council approve Amendment No. 1 to the License Agreement with the City of La Puente, dated March 14, 2024.

Attachments
A. Amendment No. 1 to the License Agreement with the City of La Puente, dated March 14, 2024

ATTACHMENT A
AMENDMENT NO. 1

TO THE LICENSE AGREEMENT WITH

CITY OF LA PUENTE
This Amendment No. 1 to the License Agreement ("Agreement"), is made and entered into this 14" day of March, 2024 ("Effective Date"), by and between the City of Industry, a municipal corporation, ("Licensor/City") and the City of La Puente, a government agency ("Licensee") The Licensor and Licensee are individually referred to as "Party" and collectively referred to as the "Parties".

RECITALS
WHEREAS, on of about December 14, 2023, the Agreement was entered into and executed between the Licensor and Licensee, to allow Licensee to use a portion of the City-owned property located at the northeast corner of Mayor Dave Way and Sotro Street (APN 8208-025-943), ("Premises"); and
WHEREAS, the Licensee desires permission to enter the Premises prior to the commencement date and to extend the term; and
WHEREAS, the Parties desire to amend the Agreement to grant permission to the Licensor to enter upon the Premises as of April 15, 2024 and extend the term to April 23, 2024; and WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 1, as set forth below.

AMENDMENT
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed the aforesaid Agreement, and incorporated herein by reference, shall remain in full force and effect except as otherwise hereinafter provided:

Section 1. License to Enter the Premises.

The first sentence of Section 1 is hereby revised to read in its entirety as follows:

Licensor hereby grants to Licensee a non-exclusive license ("the License") granting permission to enter upon the Premises as of April 15, 2024, and to use a portion of the Premises, as depicted in Exhibit A, to host a carnival (collectively, "Permitted Use"); provided that Licensee's use of the Premises shall not interfere with the operation of business activities, if any, then being conducted on the Premises, and provided Licensee provides written notice to the Licensor at least five (5) days prior to Licensee first entering upon the Premises (said written notice shall state the purpose for the entry upon the Premises, and said entry shall not exceed the stated purpose. 1 Section 9. Term, Termination and Remedies.

The first sentence of Section 9 is hereby revised to read in its entirety as follows:

The License shall commence on April 15, 2024, and shall automatically terminate at 11:59 pm on April 23, 2024.
2 IN WITNESS WHEREOF, the Parties hereto executed this Amendment No. 1 to the Agreement as of the Effective Date.
"LICENSOR" "LICENSEE"

CITY OF INDUSTRY CITY OF LA PUENTE
By: _ By:

Cory C. Moss, Mayot Gabriel Quiñones, Mayor
Attest:

By:_
Julie Gutierrez-Robles, City Clerk

APPROVED AS TO FORM
By: _
James M. Casso, City Attorney
EXHIBIT A TO AMENDMENT NO. 1
LICENSE AGREEMENT WITH THE CITY OF LA PUENTE DATED DECEMBER 14, 2023

LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement"), dated December 14, 2023, ("Effective Date") is entered into by and between the City of Industry, a municipal corporation ("Licensor/City"), and the City of La Puente, a government agency ("Licensee"). Licensor and Licensee are individually referred to as "Party" and collectively referred to as the "Parties".

RECITALS
WHEREAS, the City is the ownet of certain property located at the northeast corner of Mayor Dave Way and Sotto Street, and Licensee desires to enter the portion of the property generally described as a lot, Assessor's Parcel No. 8208-025-943, as set forth in Exhibit A, attached hereto and incorporated herein by reference ("Premises").

WHEREAS, Licensee desires to utilize the Premises to host a carnival; and WHEREAS, Licensee acknowledges that Licensee is entering onto the Premises at its sole risk and expense, and Licensor does not have any liability to Licensee under this Agreement.

NOW, THEREFORE, for valuable consideration, the sufficiency of which is hereby acknowledged, the Patties agree as follows:

TERMS
License to Enter the Premises. Licensot hereby grants to Licensee a non-exclusive license (the "License") granting permission to enter upon the Premises as of Aptil 18, 2024, and to use a portion of the Premises, as depicted it Exhibit A, to host a carnival (collectively, "Permitted Use"); provided, that Licensee's use of the Premises shall not interfere with the operation of business activities, if any, then being conducted on the Premises, and provided Licensee provides written notice to the Licensot at least five (5) days prior to Licensee first entering upon the Premises (said written notice shall state the purpose for the entry upon the Premises, and said entry shall not exceed the stated purpose). Priot to any initial entry pursuant to the License, Licensee shall provide to Licensor proof of insurance as set forth in Section 8 of this Agreement. Licensee shall not permit any other party, except the duly-authorized representatives, agents, employees and contractors (collectively "Representatives") of Licensee to enter or use the Premises during the term of this License, without Licensor's prior written consent, and in all events the sole reason for entry and use of the Premises shall be for the performance of Licensee's Permitted Use.

2. Payment. Given that the Licensee is a government agency hosting a community event, Licensor will donate the space at no cost to Licensee.

3. Permitted Use. The Permitted Use is hereby defined to include event set up, parking of vehicles, carnival activity, and event tear down. Licensee shall exercise due care in the performance of the Permitted Use and such use shall be exercised in a manner which complies with all applicable laws.

4. Maintenance of Premises. During the term of the License, Licensee shall clean up all trash after the conclusion of the event. Upon termination of the License, Licensee shall repair any damage done to the Premises by Licensee of its duly authorized Representatives, including -1-
environmental contamination, and shall restore the Premises to its condition as of the Effective Date of this Agreement.

Government Regulations and Other Obligations of Licensee. As a condition precedent to commencement of the Permitted Use, if required, Licensee shall obtain at its sole cost and expense all governmental permits and authotizations of whatever nature required, if any (Permits") by any and all governmental authorities having jurisdiction over the Premises for Licensee's exercise of the Permitted Use. Licensor shall use commercially reasonable efforts to cooperate with Licensee and to support any and all applications of request for said Permits submitted by Licensee or on Licensee's behalf. Licensee shall, in all activities undertaken pursuant to this Agreement, comply and cause its Representatives to comply with all federal, state and local laws, statutes, orders, ordinances, tules, regulations, plans, policies and decrees.

6. Liens.

6.1 Licensee shall not cause ot permit to be filed, recorded ot enforced against the Premises, or any part thereof, any mechanics, material men's, contractors' ot subcontractors' liens arising from the Permitted Use or any claim or action affecting the title to the Premises arising from the Permitted Use, and Licensee shall pay of cause to be paid, oi otherwise removed ot bonded over, the full amount of all such liens or claim within fifteen (15) days of receiving written notice thereof. In addition to and not in limitation of Licensor's other tights and remedies under this Agreement or under law, should Licensee fail within fifteen (15) business days of a written notice from Licensot to pay and discharge of bond over any lien arising out of Licensee's use of the Premises, then a material breach under this Agreement shall be deemed to have occurred which, at Licensor's election, shall entitle Licensot to terminate this License effective upon notice by Licensor to Licensee so stating.

6.2 If Licensee desires to contest in good faith the validity of any lien or any claim or demand that could result in a lien against the Premises or any portion thereof for which Licensot could become liable if not successfully resolved, as a condition to such contest, Licensee shall notify Licensor of Licensee's intent to contest the lien or claim and the grounds for such contest. Notwithstanding anything to the contrary set forth herein, Licensee shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against Licensor or the Premises.

7. Insutance. Priot to entering the Premises and until the termination of this Agreement, Licensee shall maintain at its sole expense insurance limits as stipulated in this section.

7.1 Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
(a) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $3,000,000 pet occurrence and $5,000,000 in the aggregate. (b) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), ot if Licensee has no owned autos, Code 8 (hired) and 9 (non- owned), with limits no less than $1,000,000 per accident for bodily injury and property damage. -2-
(C) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident fot bodily injury or disease.
(d) Environmental Impairment Liability Insurance shall be written on a Contractor's Pollution Liability form or other form acceptable to the Licensor providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as "covered operations."

7.2 Other Insurance Provisions. The insurance policies are to contain, or be endotsed to contain, the following provisions:

Additional Insured Status. The Licensor and City Representatives, (as defined in Section 8, below) are to be additional insureds on the CGL policy with respect to liability arising out of Licensee's use of the Premises. Genetal liability coverage can be provided in the form of an endorsement to the Licensee's insurance (at least as broad as ISO Form CG 20 10 11 85 o1 both CG 2010 and CG 20 37 forms if later revisions used). b) Primaty Coverage. Fot any claims related to this Agreement, the Licensee's insurance coverage shall be primary insurance as respects the Licensor/City Representatives. Any insurance of self-insurance maintained by the Licensor/City Representatives, shall be excess of the Licensee's insurance and shall not contribute with it.

Contractors and Subcontractors. Licensee shall require and verify that all contractors and subcontractors maintain insurance meeting all the requirements stated herein, and Licensee shall ensure that Licensor/City Representatives are additional insureds on insurance required from contractors/subcontractors. For CGL coverage contractors and subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13. (d) Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (e) Waiver of Subrogation. Licensee hereby grants to City a waiver of any right to subrogation which any insurer of said Licensee may acquire against the City by virtue of the payment of any loss under such insutance. Licensee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation provided such endorsement is available on commercially reasonable terms, but this provision applies regardless of whether ot not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions. Any deductibles of self- insured retentions must be declared to and approved by the City. The City may require the Licensee to provide proof of ability to pay losses atad related investigations, claim administration, and defense expenses within the retention.
(g) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

Licensee is insured through the Association of California Water Agencies Joint Powers Insurance Authority and the City hereby approves of that insurer. -3-
(h) Deductibles. All such insurance shall have deductibility limits of not greater than $50,000.00 unless otherwise approved by the City. (1) Verification of Coverage. Licensee shall furnish the City with original certificates and amendatory endorsements of copies of the applicable policy language providing the insurance coverage required above. All certificates and endorsements are to be received and approved by the City before exercise of the Permitted Use commences. However, failure to obtain the required documents prior to the exercise of the Permitted Use shall not waive the Licensee's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies, including endorsements, requited by these specifications, at any time.

Occurrence Basis Coverage. All policies shall be written on an occutrence basis unless otherwise approved by the City.

8. Indemnification. From and after the execution of this Agreement, Licensee hereby agrees to indemnify, defend, protect and hold harmless, with counsel of the Licensor's choosing, the City and any and all predecessors, successors, assigns, agents, officials, employees, members, independent contractors, affiliates, principals, officers, directots, attorneys, accountants, representatives, staff, and council members of the City collectively, the "City Representatives" and each of them, from and against all claims, including any claims from any third party beneficiary to this Agreement, causes of action, liabilities, losses, damages, injuries, expenses, charges, penalties, oi costs, of whatsoever character, nature and kind, (including attorney's fees and costs incurred by the indemnified Party with respect to legal counsel of its choice), whether to property oi to person(s), and whether by direct of derivative action, known or unknown, suspected of unsuspected, latent of patent, existing of contingent (collectively "Losses and Liabilities"), related directly of indirectly to, or arising out of or in any way connected with any of the activities of Licensee, its agents, employees, licensees, lessees, representatives, invitees, contractors, subcontractors of independent contractors on the Premises. This indemnification requites Licensee to indemnify the City and any and all City Representatives from and against all Losses and Liabilities, including attorneys' fees, arising out of the use or release of any Hazardous Substances on the Premises by Licensee. Licensee's obligation to defend shall arise regardless of any claim or assertion that the City caused ot contributed to the Losses and/or Liabilities, provided, however, that Licensee's liability under this Section 8 will be limited to the extent of any contributory negligence of Licensor.

Environmental Indemnity,
Licensee's Indemnity Obligations. Licensee agrees, from and after the Effective Date, to defend, indemnify, protect and hold harmless City Representatives from, regarding and against any and all liabilities, obligations, orders, decrees, judgments, liens, demands, actions, Environmental Response Actions (as defined herein), claims, losses, damages, fines, penalties, expenses, Environmental Response Costs (as defined herein) or costs of any kind or nature whatsoever, together with fees (including, without limitation, reasonable attorneys' fees and experts' and consultants' fees), resulting from or in connection with the actual of claimed generation, storage, handling, tansportation, use, presence, placement, migration and/or release of Hazardous Materials (as defined herein), at, on, in, beneath or from the Premises and/ot the Property during the term of the Lease (sometimes herein collectively referred to as "Contamination"), except to the extent caused by the Licensor or its agents, contractors or employees during the Licensor's ownership of the Property prior to the commencement of the Agreement of solely caused by the Licensot or its agents, contractors oi employees during the term of the Agreement. Licensee's defense, -4-
indemnification, protection and hold harmless obligations herein shall include, without limitation, the duty to respond to any governmental inquity, investigation, claim of demand regarding the Contamination, at Licensee's sole cost.

Release and Waiver. Licensee hereby releases and waives all rights, causes of action and claims Licensee has oi may have in the future against the City Indemnitees arising out of or in connection with any Hazardous Materials (as defined herein), at, on, in, beneath ot from the Premises, except to the extent caused or permitted by Licensor of its contractors, agents, of employees prior to conveyance to the Licensee oi caused by Licensot during the term of the Lease.

Definitions.

As used in this Agreement, the term "Envitonmental Response Actions" means any and all activities, data compilations, preparation of studies ot reports, interaction with envitonmental regulatory agencies, obligations and undertakings associated with environmental investigations, removal activities, remediation activities ot responses to inquiries and notice letters, as may be sought, initiated ot required in connection with any local, state of federal governmental ot private party claims, including any claims by Licensee. (2)k As used in this Agreement, the term "Envitonmental Response Costs" means any and all costs associated with Envitonmental Response Actions including, without limitation, any and all fines, penalties and damages.

As used in this Agreement, the term "Hazardous Materials" means any substance, material or waste which is (1) defined as a "hazardous waste," "hazardous material," "hazardous substance," "extremely hazardous waste," of "restricted hazardous waste" under any provision of California law; (2) petroleum or petroleum products; (3) asbestos; (4) polychlorinated biphenyls; (5) radioactive materials; (6) designated a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. section 1251 et seg. (33 U.S.C.S 1321) of listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. $ 1317); (7) defined as a "hazardous substance" pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. section 6901 et seq. (42 U.S.C. $ 6903) or its implementing regulations; (8) defined as a "hazardous substance" pursuant › Section 101 of the Comprehensive Envitonmental Response, Compensation, and Liability Act, 4 .S.C. section 9601 et seg. (42 U.S.C. 89601); or (9) determined by California, federal or loc:
governmental authority to be capable of posing a risk of injuty to health, safety or property.

Materiality, Licensee acknowledges and agrees that the defense, indemnification, protection and hold harmless obligations of Licensee for the benefit of Licensor set forth in this Agreement are a material element of the consideration to Licensor for the performance of its obligations under this Agreement, and that Licensot would not have entered this Agreement unless Licensee's obligations were as provided for herein.

Lerm, termination and Remedies. The License shall commence on April 18, 2024 nd shall automatically terminate at 11:59 pm on April 22, 2024. Notwithstanding the foregoing, a any time, for any reason, the Licensor may, at its sole and absolute discretion, terminate this Agreement without cause, upon 30 days' written notice to Licensee. Further, in the event Licensor sells of transfers the Premises during the term of this Agreement, this Agreement shall terminate upon seven (7) days written notice to Licensee. In addition, if Licensee shall be in breach of any of -5-
its obligations under this Agreement and shall fail to cure such breach within ten (10) business days of written notice from Licensor specifying the nature of any such breach, Licensot shall have the right to terminate this Agreement upon written notice to Licensee. Licensee acknowledges that this License is solely a license, and that Licensee has no rights as an owner, purchaser ot tenant by virtue thereof. Upon termination of the Agreement, Licensee shall promptly vacate the Premises and comply with the provisions of Section 4 above. No termination or expitation of this License shall telieve Licensee of its obligations hereunder.

10. Inspection and Access to Premises. Licensot and any of its duly authorized representatives, employees, agents or independent contractors shall be entitled to enter the Premises, to show the Premises to potential purchasers, to inspect the Premises, to inspect Licensee's use of the Premises, and for any other purpose, at any time

11. Assignability. This License cannot be assigned by Licensee whether voluntarily or by operation of law, and Licensee shall not permit any use of the Premises, or any part thereof during the Term of this License in violation of the provisions of this License, except with the consent of Licensor (which shall not be unreasonably withheld, conditioned or delayed), and any attempt to do so shall be null and void.

12. Cost of Entorcement. In the event it is necessary for either Party to employ an attorney of other person or commence an action to enforce or interpret any of the provisions of this License or for Licensor to remove Licensee from the Premises, the non-prevailing party agrees to pay to the prevailing party, in addition to such other relief as may be awarded by the court, City of other authority before which such suit of proceeding is commenced, all reasonable costs of enforcement in connection therewith including, but not limited to, reasonable attorneys' fees, expenses and costs of investigation.

Notices. All notices, consents, approvals, demands and other communications provided for herein shall be in writing and shall be deemed to have been duly given upon the earlier of when personally delivered of served ot twenty-four (24) hours after being deposited with FedEx ot any other established overnight courier service to the intended party addressed as follows:

Licensor: Joshua Nelson
City Manager
15625 Mayor Dave Way
City of Industry, CA 91744
Tel: (626) 333-2211
[email protected]
With a Copy to: James M. Casso, City Attorney
Casso & Sparks, LLP
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
Tel: (626) 269-2980
[email protected]
-6-
Licensee: Bob Lindsey, City Manager
City of La Puente
15900 Main Street
La Puente, CA 91744
Tel: (626) 855-1500
[email protected]
Miscellaneous. This Agreement constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof, and all prior and contemporaneous agreements, representations and understandings of the Parties hereto, oral or written, are hereby superseded and merged herein. No supplement, modification ot amendment of this Agreement shall be binding unless in writing and executed by the Parties hereto. No waiver of any of the provisions of this Agreement shall be deemed of shall constitute a waiver of any other provisions, whether ot not similat, not shall any waiver be a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver. The indemnifications under this Agreement, the obligations of Licensee hereunder to remove liens and Licensee's obligations hereunder with respect to vacating and repaiting the Premises shall survive the expiration or termination of the License Term. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California. Any action brought concerning this Agreement shall be brought in the appropriate court for the County of Los Angeles, California. Each Party hereby itrevocably consents to the jurisdiction of said coutt. Licensee hereby expressly waives all provisions of law toviding for a change of venue due to the fact that the City may be a party to such action ncluding, without limitation, the provisions of California Code of Civil Procedure Section 394 Licensee further waives and releases any right it may have to have any action concerning this Agreement transferred to Federal District Court due to any diversity of citizenship that may exist between City and Licensee. The headings of this Agreement are for purposes of reference only and shall not limit ot define the meaning of the provisions hereof. This Agreement may be executed in any numbet of counterparts, each of which shall be an original, and all of which shall constitute one and the same instrument. Neither this instrument not a short form memorandum or assignment hereof shall be filed ot recorded in any public office without Licensor's ot Licensee's prior written

15. Authority. Each person executing this Agreement hereby represents and warrants (i) their authority to do so, and (i) that such authority has been duly and validly conferred. (SIGNATURES ON FOLLOWING PAGE)
-7-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.
"LICENSOR" "LICENSEE"

CITY OF INDUSTRY CITY OF LA PUENTE
By:_ ConCMOss
Cory C. Moss, Mayor
Gabriel Quiñones
ATTEST:

Julie Gutierrez-Robles, City Clerk
APPROVED AS TO FORM:

Parto Camo
James MI. Casso, City Attorney
-8-

EXHIBIT A
Legal Description
Assessor's Parcel Number (APN) 8208-025-943 located at the northeast corner of Mayor Dave Way and Sotro Street, City of Industry, CA 91744. The area identified on the map below by defining yellow lines identifies the area of the Premises, where the Permitted Use shall occur.

Map
Dave
Aver
Glendora
-9-

CITY COUNCIL
ITEM NO. 7.1

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Assistant City Manager
DATE: March 14, 2024
SUBJECT: Consideration of Appointment for One (1) Vacant Seat on the Industry Property and Housing Management Authority

BACKGROUND
In accordance with Article II. General Provisions, Section 2.03, Board of Directors, of the City of Industry Property and Housing Management Authority Joint Exercise of Powers Agreement amended under Resolution No. CC 2018-43, the Authority consists of five (5) Directors, with four (4) Board members appointed by the City Council and one (1) appointed by CRIA. Each member serves a term of four (4) years.

DISCUSSION
At this time, there is one (1) vacant seat on the Industry Property and Housing Management Authority. This seat is appointed by the City Council for a term of four (4) years. To fill the vacancy, the City Clerk issued a notice of vacancy on January 25, 2024, inviting applications for the open seat.

Applications were submitted by the following person:

James Bickel
The application is attached to this staff report.

RECOMMENDATION
Discuss and make appointment to the Industry Property and Housing Management Authority and/or provide additional direction to staff.

Attachments
A. Application for Industry Property and Housing Management Authority

ATTACHMENT A

CITY OF INDUSTRY

APPLICATION FOR CITY COMMISSION, AUTHORITY, OR

ADVISORY COMMITTEE
To: The Honorable Mayor and Members of the City Council Please accept this correspondence as my formal interest in serving on the City of Industry PROPERTY NO HOUSWA MANAGEMENT

AUTHORITY
I very much appreciate your consideration.

Sincerely,

JAMES BICKEL
Print your name
Address :

Phone Number
Email Address
Signature
0dl29/2024
15625 Mayor Dave Way • Cily of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org

CITY COUNCIL
ITEM NO. 7.2

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager; Sean Calvillo, Director of Operations, CNC Engineering
DATE: March 14, 2024
SUBJECT: Consideration of an Agreement with the California Department of Forestry and Fire Protection, in conjunction with the County of Los Angeles Fire Department for the Tonner Canyon South Vegetation Management Program

BACKGROUND
On May 10, 2022, the County of Los Angeles Fire Department ("LAFD"') gave a presentation to the City Council on the Tonner Canyon South Vegetation Management Program ('VMP"). The presentation noted the benefits of the VMP, including increased life safety, decreased costs in wildfire events, training opportunities, and habitat and ecosystem enhancement. The treatments include manual cutting and thinning of the brush with pile burning and also prescribed fires in burn blocks.

DISCUSSION
LAFD and the California Department of Forestry and Fire Protection (CalFire") are requesting City approval to implement the CalFire-approved Tonner Canyon South VMP. The primary objective is fire hazard reduction for residents of Diamond Ridge Estates and the Country Estates. The secondary objective is to create a mosaic of plant species across the landscape to prevent erosion issues and increase habitat value for wildlife in the area.

The area of the VMP is currently classified by the LACD and Calfire as a high fire hazard area.

Therefore, implementation of the Tonner Canyon VMP is a priority for both agencies.

The VMP includes approximately 351.5 acres of treatment over a ten year period, consisting of 138.8 acres of prescribed fire and 212.7 acres of hand treatment mastication, pile burning, hand crews for selective brush thinning, dead, dying, and diseased tree removal, preparation of control lines, maintenance of existing dirt roads and fuel breaks, goats and prescribed herbivory and no treatment areas. LAFD and CalFire will fully fund the VMP. LAFD and CalFire will conduct all VMP-associated public outreach. As the underlaying landowner, the City would authorize the VMP by executing an agreement with the State.

After much negotiation between the City and CalFIRE, the parties are unable to come to an agreement on the indemnity requirements. CalFIRE is only agreeing to indemnify the City, rather than providing indemnity and defense. This creates significant exposure for the City should there be any injuries or damages while the work is being performed. The City would be solely responsible for all legal fees associated with defending itself against any claims or lawsuits (which in the event of a catastrophic incident would likely be significant), however CalFIRE is responsible for payment of any judgments. Further, while CalFIRE does not agree to defend the City, it is requiring the City to defend CalFIRE against any claims. Lastly, CalFIRE communicated to the City that its agreement with the County does not specifically address liability for "catastrophic events" on prevention activities, which again increases the City's liability exposure.

FISCAL IMPACT
There is no direct fiscal impact associated with the Agreement. While the exact costs haven't been determined yet, should the City perform the work itself, the estimated cost is $372,000.00.

RECOMMENDATION
Staff recommends that the City Council provide direction to Staff.

Attachments
A. California Department of Forestry and Fire Protection Standard Agreement Form RM-75

ATTACHMENT A

STATE OF CALIFORNIA

STANDARD AGREEMENT
RM 75 (Rev 05/20) AGREEMENT NUMBER
RX-001-LAU.01

REGISTRATION NUMBER

1. This Agreement is entered between the State Agency and the Cooperator named below:

STATE AGENCY'S NAME
The California Department of Forestry and Fire Protection

COOPERATOR'S NAME
City of Industry

2. The term of this through
Agreement is:

3. The maximum amount $ 0
of this Agreement is:

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A - Scope of Work page(s)
Exhibit B - Budget Detail and Payment Provisions pages) Exhibit C - General Terms and Conditions
Check mark one item below as Exhibit D:

Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) page(s) Exhibit - D* Special Terms and Conditions
Exhibit E - Additional Provisions page(s)
Section 1 - Project Plan, Description and Specifications page(s) Section 2 - Project Cost Analysis Summary page(s)
Section 3 - Environmental Checklist page(s)
Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

COOPERATOR California Department of Genera
Services Use Only
COOPERATOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) BY (Authorized Signature) DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING

ADDRESS

STATE OF CALIFORNIA

AGENCY NAME
The California Department of Forestry and Fire Protection BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING • Exempt per: State Contracting Manual § 4.04(A)(2) [contract value is
less than $50,000]

ADDRESS
Name of VMP
Agreement number i.e. (RX-South-037-FKU.1)

Page 1 of 1 ends

EXHIBIT A
(Standard Agreement)

SCOPE OF WORK

1. Cooperator and State Agency agree to provide labor, equipment, or services as described in the Prescribed Burn Plan attached as part of Exhibit E, Section 1 - Project Plan, Description and Specification.

2. The services shall be performed at the location identified in the Prescribed Burn Plan attached as part of Exhibit E, Section 1 - Project Plan, Description and Specification.

3. The services shall be provided at such times as are mutually agreeable to Cooperator and State Agency, subject to the operational needs of State Agency and compliance with all federal, state, or local restrictions as to the timing of the conduct of the work.

4. The project representatives during the term of this agreement will be:

State Agency: CAL FIRE Cooperator: City of Industry
Name: (Project Manager) Name: Joshua Nelson, City Manager Phone: (###) ###-#### Phone: (626) 333-2211
Email address: Email address: [email protected] Direct all inquiries to:

State Agency: CAL FIRE Cooperator: City of Industry
Section/Unit: Section/Unit:

Attention: Project Manager for CALFIRE Attention: Joshua Nelson, City Manager Address: Address: 15625 Mayor Dave Way, City of
Industry, CA, 91744
Phone: (###) ###-#### Phone: (626) 333-2211
Email address: Email address: [email protected]

5. A detailed description of work to be performed and the duties of all parties is contained in the Prescribed Burn Plan attached as Exhibit E, Section 1 - Project Plan, Description and Specification which the Prescribed Burn Plan is incorporated into the Exhibit E as if fully set forth herein.

July 20, 2020
Contractor's Name
Agreement Number
Page _of_

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Estimated Costs
CAL FIRE will incorporate all estimated costs within the Prescribed Burn Plan for this Project and apportion for an estimate of projected costs. The Cooperator may accept responsibility for the estimated costs of private benefits to be created concomitantly with the public benefits

2. Equipment
Any equipment included in the Prescribed Burn Plan for this Project provided by the Cooperator to offset estimated pro rata costs summarized in item #1 above will include all necessary operation, repair, and maintenance expenses.

3. Cash Deposit in Lieu of Providing Materials, Services, or Equipment Any Cooperator may, in lieu of providing materials, services, or equipment to offset pro rata costs for private benefits, establish a trust account or make a certificate of deposit payable to the State for funds to equal the estimated pro rata costs. Disbursement of any such funds to the State shall be made within 15 days after satisfactory completion of specified work.

4. Budget Contingency Clause
A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

5. Prompt Payment Clause
If any payments are due under the Agreement, such payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

June 2, 2020

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Cooperator may not commence performance until such approval has been obtained

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Cooperator, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Cooperator agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Cooperator agrees to maintain such records for possible audit for a minimum of three (3) years after completion of the Prescribed Burn Plan, unless a longer period of records retention is stipulated. Cooperator agrees to allow the auditors) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Cooperator agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: State Agency agrees to indemnifyand hold harmless the person or public agency contracting with the department with respect to liability arising out of performance of the contract as allowed in Public Resources Code section 4476. In the same manner State agency agrees to indemnify any Cooperating public entity that has entered into a "Fire Protection Cooperative Agreement" with CAL FIRE pursuant with PRC 4129. Cooperator agrees to indemnify, defend and hold harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies, to the extent arising from the sole negligence, or willful misconduct by Cooperator or its directors, officers, agents or employees solely in connection with the condition of the property subject to this Agreement. Notwithstanding the foregoing, the Cooperator's indemnity shall not extend to dangerous natural conditions existing on the property, not reasonably known to Cooperator, including but not limited to, the presence of wildlife.

6. DISPUTES: Cooperator shall continue with the responsibilities under this Agreement during any dispute.

April 1, 2018

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any duties under this Agreement should the Cooperator fail to perform the requirements of this Agreement at the time and in the manner herein provided.

8. TERMINATION WITHOUT CAUSE: Either party may cancel this Agreement thirty days (30) days after providing written notice to the other party, provided that if Cooperator cancels this Agreement pursuant to this section, Cooperator shall be liable to the State for all planning and site preparation costs incurred by the State prior to termination of the Agreement by Cooperator.

9. INDEPENDENT CONTRACTOR: Cooperator, and the agents and employees of Cooperator, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. The State, and the agents and employees of the State, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the Cooperator.

10. RECYCLING CERTIFICATION: Cooperator shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

11. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Cooperator and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Cooperator and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Cooperator and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov.

Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Cooperator and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

Cooperator shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

12. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 307 are hereby incorporated by reference and made a part of this April 1, 2018
Agreement by this reference as if attached hereto. All references to "Contractor" in document CCC 307 shall be interpreted as applying to Cooperator under this Agreement.

13. TIMELINESS: Time is of the essence in this Agreement.

14. GOVERNING LAW: This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Cooperator by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Cooperator shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.

Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the Cooperator acknowledges in accordance with Public Contract Code 7110, that:

April 1, 2018
a. The Cooperator recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The Cooperator, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Agreement includes services in excess of $200,000, the Cooperator shall give priority consideration in filling vacancies in positions funded by the Agreement to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Agreement Cooperator made a commitment to achieve small business participation, then Cooperator must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Agreement Cooperator made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Cooperator must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) certify in a report to the awarding department: (1) the total amount the Cooperator received under the Agreement; (2) the name and address of the DVBE(s) that participated in the performance of the Agreement; (3) the amount each DVBE received from the Cooperator; (4) that all payments under the Agreement have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets.

Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this Agreement involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) April 1, 2018

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. TERM OF THE AGREEMENT: The term of this Agreement shall commence on the date identified in item 2 of this Agreement and will terminate upon satisfactory completion of the prescribed burning project, but in no event will the term of this agreement exceed ten (10) years.

2. INCIDENT COMMANDER/FIRE BOSS: The Unit Chief which approves the Prescribed Burn Plan for this project will designate an Incident Commander (IC) (Fire Boss in Public Resources Code [PRC] 4476). This IC shall have final authority to (a) approve, amend, and implement the Prescribed Burn Plan, (b) determine that the fuel and weather are suitable, and that all crews and equipment are ready, and (c) direct all work assignments of public employees and persons furnished by the Cooperator until the prescribed burning is completed and the fire is declared out. The Unit Chief for this project is:
(Name)

3. OWNERSHIP AND CONTROL: Cooperator certifies that Cooperator owns or controls the prescribed burn area delineated on the map incorporated within the Prescribed Burn Plan attached to this Agreement as Exhibit E, Section 1 - Project Plan, Description and Specification.

4. POTENTIAL SUBCONTRACTORS: Nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Cooperator of his responsibilities and obligations hereunder. The Cooperator agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Cooperator. The Cooperator's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Cooperator. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

5. REQUIRED CERTIFICATION OF STATE: The State certifies that the Project contemplated by this Agreement, when successfully completed, will accomplish a purpose enumerated in PRC 4475 and that the State has determined that the anticipated public benefit from the proposed project will exceed the foreseeable damage that could result from the Project.

6. WORKERS COMPENSATION: All personnel similarly provided by the Cooperator shall be agents of the Cooperator for purposes of Worker's Compensation. Cooperator shall indemnify the State and hold harmless for any claims from the above agents. The State is likewise responsible for its equipment and personnel.

7. DGS EXEMPTION CERTIFICATION: I hereby certify that all conditions for exemption have been complied with and this contract is exempt from the Department of General Services' approval.

By:

Name: Title:

July 21, 2020
SECTION 1: PROJECT PLAN, DESCRIPTION & SPECIFICATIONS

1.1 Project Identification:

A. DATE:

Date of agreement (Ten years from signature or assigned time frame).

B. PROJECT NUMBER: Rx-
C. PROJECT NAME: Tonner Canyon South VMP
D. REGION: Southern
UNIT: LAU
COUNTY: Los Angeles
BATTALION: 19
E. PROJECT SPECIFICATIONS PREPARED BY:

Tamara Hanna Deputy Forester VMU (LACoFD)
Samantha Conn Forestry Assistant VMU (LACoFD)
Daniel Sanchez Forestry Assistant VMU (LACoFD)
Randy Zimmerman Fire Captain Rx1 (LACoFD)
Drew Smith Assistant Fire Chief RXB1 (LACoFD)
F. PROJECT ENVIRONMENTAL CHECKLIST (Section 3) PREPARED BY:

Tamara Hanna Deputy Forester VMU (LACoFD)
Samantha Conn Forestry Assistant VMU (LACoFD)
Daniel Sanchez Forestry Assistant VMU (LACoFD)
G. LIST OF PARTICIPATING AGENCIES SIGNATORY TO INTERAGENCY AGREEMENT FOR PRESCRIBED BURNING:

County of Los Angeles Fire Department
H. LIST OF PARTICIPATING AGENCIES NOT SIGNATORY TO INTERAGENCY AGREEMENT FOR PRESCRIBED BURNING:

For example CALTRANS, California Department of Fish & Wildlife, counties, Etc.

Enter "N/A" if not applicable.

N/A
I. LIST OF PARTICIPATING PROPERTY OWNERS OR CONTROLLERS:

List names, addresses, agreement numbers and total acreage per cooperator.

APN: 871 026 271; parcel acreage: 747.11; project acres: 335.42 City of Industry
15625 E Stafford Street
Industry, CA 91744
APN: 871 026 273; parcel acreage: 16.08; project acres: 16.08 City of Industry
15625 E Stafford Street
Industry, CA 91744
(Appendix B: Signed Agreements - RM-75)

1.2 Burn Area Description:

A. PROJECT LOCATION:

The project area is located within the City of Diamond Bar on property owned by the City of Industry (Firestone Boy Scout property). The treatment areas are all northwest of Tonner Canyon Motorway and extend into canyons of dense brush immediately adjacent to homes.

Detailed maps of the project can be found within this report (Appendix: A) or referenced in Thomas Guide, Map 680, B-6, B-7, C-6, and C-7 Yorba Linda Quad
Township 2S, Range 9W, Section 27, 28, 33 San Bernardino Baseline Meridian B. PARCEL ZONING AND LAND USE DESCRIPTION:
0101 Res, Single Family Residence
010V Vacant, Residential Land
6500 Rec, Auditorium, stadium, Amphitheater
880V Vacant, Government Land
C. CFES WILDLAND RESPONSE AREA OR WITHIN THE SRA:

Yes
D. PROJECT AREA TOTAL:
351.5 Acres
E. PROJECT AREA NET:
138.8 acres Rx Fire Broadcast Burning / Pile Burning
212.7 acres Mechanical, Handcrew Thinning, Goats, No Treatment 351.5 acres Total Project/Treatment area
F. Unit Fire Plan Hazard Rating Area:
2 Very High Fire Hazard Area

1.3 Environmental Setting and Impacts:

A. NARRATIVE DESCRIPTION OF THE PROPOSED PROJECT, OBJECTIVES AND TREATMENT METHODS:

1. This project includes approximately 351.5 acres of treatment. Treatment of the project area will implement the use of Rx fire of 138.8 acres and 212.7 acres of mastication, pile burning, hand crews for selective brush thinning, dead, dying, and diseased tree removal, preparation of control lines, maintenance of existing dirt roads and fuel breaks, goats and prescribed herbivory and no treatment areas.

2. The primary management objective for this project is fire hazard reduction for residents of Diamond Bar in residential areas known as Diamond Ridge Estates and the Country Estates located at the upper elevations located in the northwest of the project area. Creating a "break" in the fuel continuity changes the fire dynamics and fire behavior, slowing a fire's advancing front and reducing the ember production.

This allows firefighters the opportunity to better protect properties in the event of a wildfire.

3. The secondary management objective using low-intensity understory burning and selective removal of "fire-prone" chaparral species and non-native species to create a mosaic pattern across the landscape and obtain the desired composition of plant species helps to prevent erosion issues and will increase habitat value for wildlife in the area.

B. PROJECT TOPOGRAPHY:

Elevation:

Maximum: 1200'
Minimum: 600'
Steepness of slopes:
0 - 20%: 10%
20 - 44%: 60%
44 - 110%: 30%
Aspect:

The Chino Hills are a series of flat-topped terraces that have been carved into low hills by the action of runnels and intermittent streams. The major stream system adjacent to the project area is Tonner Creek which formed Tonner Canyon and flows seasonally.

This project consists of slopes and drainages leading into the Tonner Canyon watershed. Tonner Canyon is oriented from the southwest to the northeast. There 3 are eight drainages that lead to Tonner Canyon within the project area, and slope aspects are typically southwest and northeast.
(Appendix D: Biological Report, Sage Environmental Group, June 2019) B. SOILS DESCRIPTION AND SENSITIVITY TO PROJECT ACTIVITIES:

To mitigate soil sensitivity, project design features utilizing burn blocks will be executed in units to offset the erosion potential on the site. Steeper sections within the project area will be avoided as will drainage areas. All drainage areas will maintain a vegetation buffer of fifty feet on each side from the stream midline.

A Custom Soil Resource Report for the general area of the Tonner Canyon from USDA Natural Resource Conservation Service, dated November 5, 2012 was used to determine the soils types that occur in project area including interpretations for determining the erosion hazard potential, fire damage hazard, and natural surface road suitability.

Additionally, A Soil Survey of Orange County and Western part of Riverside County from USDA Soil Conservation Service, dated March 9, 2010 was used for determining soil types within the project area.

According to these reports and the Sage Environmental Group Biological Assessment report (June 2019), soils in the Study Area are dominated by the Apollo, warm/Calleguas complex (50% of the Study Area). Apollo is a clay loam and Calleguas is a loam. The next most abundant soil type is the Zaca-Apollo warm complex (38% of the Study Area). Zaca is a clay soil. These soils found on the Study Area's hill slopes. The next most abundant soil type is Garretson very fine sandy loam (5% of the Study Area) a fine to gravelly sandy loam found in the bottom of the drainages. The Gaviota-Chumash-Rock outcrop complex makes up about 4% of the Study Area. This complex consists of sandy loams and rock outcroppings and is found primarily in the eastern portion of the Study Area.

A total of six soil types have been identified in the project site.

Alo Variant: The Alo Variant consists of well drained soils on uplands. These soils formed in material weathered from calcareous sandstone and shale. Slopes are 9 to 50 percent. Elevations range from 200 to 700 feet. The vegetation is annual grasses, mustard and other forbs.

Balcom Series: The Balcom series consists of well drained soils on uplands. These soils formed in material weathered from soft fine grained sandstone, calcareous soft shale, and marl. Slopes are 9 to 50 percent. Elevation ranges from 200 to 2,500 feet. The vegetation is annual grasses and forbs, mostly mustard and some brush on the more eroded slopes.

Calleguas Series: The Calleguas series consists of well drained soils on uplands.

The soils formed in material of weathered form lime coated shale of lime coated 4 sandstone or both. Slopes are 50 to 75 percent. Elevations range from 200 to 2,500 feet. The vegetation is annual grasses and forbs, mostly mustard and brush.

Garreston Series: The Garreston series consists of well drained soils on alluvial fans. These soils are formed in material of weathered dominantly from metassedimentary rock. Slopes are 2 to 9 percent. Elevation ranges from 700 to 1,500 feet. The vegetation is annual grasses, forbs, chamise and sumac.

Gaviota Series: The Gaviota series consists of somewhat excessively drained soils on uplands. The soil formed in material weathered from hard sandstone. Slopes range from 9 to 75 percent. Elevation is 150 to 1,500 feet. Vegetation is annual grasses, forbs, and oak trees on smoother slopes and chaparral brush on very steep slopes.

Nacimiento Series: The Nacimiento series consists of well drained soils on foothills.

These soils formed in material weathered from soft sandstone or shale or both.

Slopes are 15 to 50 percent. Elevation ranges from 100 to 2,500 feet. The vegetation is sagebrush and in some areas an undercover of annual grasses. (Appendix K: Soils Report November 5, 2012)
C. VEGETATION COMMUNITY AND DOMINANT SPECIES:

The vegetation community consists mainly of Northern Mixed Chaparral, Disturbed/Non-native Grassland, Coast Live Oak Woodland, Coast Live Oak/Walnut Woodland, California Walnut Woodland, Southern Coast Live Oak Riparian Forest, and Southern Willow Scrub. There are also disturbed/developed areas and native/non-native grassland. Dominant species in the oak and oak and walnut woodland include Coast Live Oak, Quercus agrifolia, and Southern California Black Walnut, Juglans californica. Chaparral species are present including Chamise, Adenostoma fasciculatum, Toyon, Heteromeles arbutifolia, Manzanita, Arctostaphulos ssp. and Mountain Mahogany Cercocarpus montanus. (Appendix D: Biological Report, 2019, pgs. 13-19)
E. WILDLIFE/FISHERIES HABITAT AND SENSITIVITY TO PROJECT ACTIVITIES:

A California Natural Diversity Data Base search (CNDDB) for the Yorba Linda Quad was reviewed for the presence of plant and animal species of special concern, as well as for rare and endangered species. These searches remain valid for two years.

Los Angeles County Fire Deparment's Forestry Division ran the most recent CNDDB search in November 2021. The most recent search done by Sage Environmental Group was conducted in June 2019. A new CNDDB records search will be conducted prior to start of project to acquire updated data.

The CNDDB search identified four (4) special status plant communities observed in the study area California Walnut Woodland, Southern Coast Live Oak Riparian Forest, Southern Willow Scrub, and Coast Live Oak Woodland. The CNDDB also 5 identified three (3) Federal or State listed animal species with potential to occur on site: Southwestern Willow Flycatcher, California Gnatcatcher and Least Bell's Vireo.

The site was determined to also have a moderate to high potential of having twenty- one (21) state species of concern based on a field review of existing conditions. (Appendix D: Biological Report, June 2019, Table 5.1 & 5.2) A California Native Plant Society (CNPS) 9-quad search was also conducted and identified seventeen (17) plant species, including one (1) federally endangered plant (Brauton's Milk Vetch) with potential to occur in the vicinity of the project area. None were observed during the reconnaissance-level surveys.
(Appendix D: Biological Report, June 2019, Table 5.1 & 5.2) Biological Assessment Reports for this site have been conducted most recently by Sage Environmental Group Reports) on June 2019, September 2014, and April 2010. Previous Biological Assessment Report dated June 27, 2003 was prepared by Michael Brandman Associates.
(Appendix D: Biological Report)
Heavy equipment including masticators, emergency crew transports, pick-ups, and chippers will not be operated off the existing road surface. Areas of sensitive habitat are identified as exclusion zones and no treatments will take place within a fifty foot buffer of those areas. Mechanical thinning of vegetation will be accomplished by hand crews using chainsaws and other hand tools to keep soil disturbance to a minimum.

A response was not received from the California Department of Fish & Game or the United States Fish and Wildlife Service, however project design features incorporate best management practices and include the following mitigations:

1. Recommend all riparian habitats be avoided within the project area.

2. Recommend burning outside the breeding season of birds, March 1 to August 31.

3. Conduct low-intensity, understory burning activities in a mosaic pattern across the landscape to enhance wildlifehabitat.
(Appendix D: Biological Report)
(Appendix H: Letters and Responses)
(Appendix I: CNDDB Results)
G. CULTURAL RESOURCES AND SENSITIVITY TO PROJECT ACTIVITIES:

1. Archaeological Survey:

All treatment areas included in the Tonner Canyon South Project VMP were surveyed by Brian K. Glenn RPA, Principal Investigator of Pacific West Archeological during the preparation of the Cultural Resources Assessment (CRA) report dated July 2021 (additionally a previous CRA dated January 2016 ND May 4, 2010 prepared by same).
6 During the pedestrian survey of the project area to be subjected to mechanical ground disturbance, two features of recent historic use were observed, but are outside the area of proposed mechanical ground disturbance: a water gauging station (identified as 1501-S01 on map, Exhibit 4) and a livestock pen (identified as 1501-S02 on map, Exhibit 4). These objects and structures appear to be less than 50 years old and therefore too recent to be evaluated for historic significance. In addition, it is unlikely that the proposed fuels treatments will have an adverse effect on these features. (Refer to attached report by Brian Glenn, Pacific West Archaeology, Summary of Findings in Section 5.2, page 9; Location of Features on Map, Exhibit 4, page 18; and Photographs of Features Exhibit 5 and 6, page 19-20 of the Cultural Resources Assessment report, dated January, 2016).

2. Records Search:

The most recent records search was completed July, 15 2021, South Central Coastal Information Center (SCCIC) File #22500.8685 and identified 6 previous surveys within 1 mile radius of the project area; all of which are located partially within the current project footprint. No cultural resources or isolates were identified within the project site as a result to the records search.

Previous records searches were completed September 25, 2015, South Central Coastal Information Center (SCCIC) File #15521.1542 and and identified 11 previous surveys within 1 mile radius of the project area; all of which are located partially within the current project footprint. No cultural resources or isolates were identified within the project site as a result to the records search. The other records search was completed October 14, 2009, South Central Coastal Information Center (SCCIC) File #9913.6832. One archaeological site (19-003771) was identified within a ½ mile radius of the project site, a historical structure representing the remains of the Diamond Bar Ranch Headquarters. This identified archaeological site is not located within the project site. This site is not listed on the Archaeological Determination of Eligibility (DOE) list. No isolates have been identified within a ½ mile radius of the project site or within the project site.

3. Native American Consultation:

The most recent Native American Notification Letters were mailed on July 17, 2014 and September 11, 2014 (certified by US Mail with signature return receipt) and were provided the thirty day review period of project area and proposed treatments. The CalFire Native American Contact list dated July 1, 2014 was used for this mailing. As of December 1, 2014, of the 17 letters sent out no responses have been received. The Native American consultation requirement for this project has been met.

Previous Native American Notification Letters were mailed on October 5, 2010 and were provided a thirty day review period of the project area and proposed treatments. The CalFire Native American contact list dated May 1, 2010 was used for this mailing. Of the nineteen letters sent only one response was received from the Native American Heritage Commission dated October 21, 2010. The response indicated no presence of Native American cultural resources within a half mile radius of the project site.

The Native American consultation requirement for this project has been met.

4. Treatment Methods:

The proposed fuels treatments in the January 2016 CRA and the May 2010 CRA remain the same. Proposed project treatments will implement the use of prescribed fire, mastication, pile burning, hand crews for selective brush thinning, dead, dying, and diseased tree removal, preparation of control lines, maintenance of existing dirt roads and fuel breaks, goats and prescribed herbivory, and no treatment areas.

Pre- Field Research
Prehistoric Background:

The area of the Tonner Canyon project site is within the territory of the Gabrielino Indians. Along with the Chumash, they were the wealthiest, most populous and powerful group in early Southern California. They had influences north to the San Joaquin Valley, east to the Colorado River and South into Baja California. Their major territorial areas included the watersheds of the Los Angeles, San Gabriel and Santa Ana rivers; the southern part of the Santa Monica Mountains, the Los Angeles basin as well as coastal islands. All settlements were near water courses. Prior to European contact; perhaps 50 to 100 settlements existed with populations of 50 to 100 each (2,500 to 10,000 people.) Spanish contact began in 1542 with Juan Rodriguez Cabrillo; Spanish returned in 1602 under Sebastian Vizcaino but the area was not colonized until 1769. Spanish contact resulted in dwindling populations due to diseases, poor diet and force and by 1900 they had ceased to exist as a defined group. Possible artifacts in the area may include the following: Village sites at the confluence of streams or benches above streams; house foundation or sweathouse foundations which could be quite large, bedrock and portable mortars, metates, coiled pottery vessels, objects of steatite such as carvings, pipes, and cooking utensils.

Tools such as deer scapulae saws, bone or shell needles, fish hooks, awls, scrapers, wedges, drills, projectile points.

Historic Background:

After the Native Americans, the Spanish came to colonize California symbolized locally by the San Gabriel Mission. Dominance by the Mexican Government over (Alta) California followed the Spaniards. Englishman Henry Dalton purchased five Ranchos, including the 45,000 acre Rancho Azusa which included the Glendora area.

In 1852, following the war against Mexico, Dalton's right of ownership of Rancho Azusa was challenged by the U.S. government. The Big Dalton Dam was constructed above the project area between 1927 and 1929 for flood control and water conservation. There was a guard station at the junction of Big Dalton and Little Dalton Canyons as indicated in the SCCIC records search. The San Gabriel Mountains have been used for resources and recreation since settlement of Los Angeles and surrounding areas.

Literature Reviewed:
8 "Handbook of North American Indians: Volume 8 California" Robert F. Heizer Volume Editor, pages 538-549
"Handbook of The Indians of California by A.L. Kroeber, "The California Indians" by R.F. Heizer and M.A. Whipple, end paper map in front of book
Reference: CRAs by Brian K. Glenn, January, 2016 and May, 2010 G. SMOKE AND COMMUNITY SENSITIVITY TO PROJECT:

Summarize procedures used to avoid potential problems or hazards with smoke drift to communities and roadways. This section may be included within a Smoke Management Plan, if one is prepared, separately. Ref: Title 17, Section 80160, Smoke Management Plan requirements.

The communities of Diamond Ridge Estates and Countries Estates are in close proximity to project area and have the potential to be impacted. Smoke management plan describes procedures used to mitigate smoke impact.

H. GREEN HOUSE GAS:

FOFEM report or other green house report for the project. Describe how green house emissions are predicted for the project.

GHG emissions were calculated using BlueSky Playground. Emissions were calculated using a C51 Coastal Sage Shrubland fuelbed estimating at 17.79 tons/acre. Using these parameters, a 22.46 tons/acre for GHGs was estimated. That will produce 673 tons GHGs per day at estimated 30 acres, and 3100 tons for the entire project of 130 acres.

I. PROJECT MAPS
All of the following are recommended: starred maps (*) are mandatory. Each map should be labeled as to its purpose and include north arrow, scale and legend.

1. *VICINITY MAP x

2. *TREATMENT/BURN UNIT MAP
Scale as needed, must be based on 7.5 USGS Quad, with Quad name shown.

3. *OWNERSHIP MAP.

Use agreement extension number or name or parcel numbers to identify ownership on map. Provide legend to describe symbols.

4. SOILVEGETATION MAP.

Identify unstable areas/geologic hazards.

5. IGNITION MAP/ CONTAINMENT MAP.
9 Include planned roads and control lines. Final version should be submitted with Incident Action Plan.

1.4 Burn Prescription: (Reference: Burning by Prescription, by Lisle Green, May 1981) A Spot Weather Forecast shall be requested within 12 hours of implementation. The Spot Weather Forecast shall be evaluated and validated prior to any ignition.

Weather Prescrition:

Temperature Range = 50-90 degrees
Relative Humidity Range = 20 - 55 percent
20' Wind Speed = 0 - 20 Miles per Hour
Eye Level Wind Speed = 0 - 10 Miles per hour
Wildland Fuels Prescription:

Fine Fuel Moisture Content (1 Hour) = 5 - 15 percent
Dead Fuel Moisture Content (10 Hour) =3 - 25 percent
Live Fuel Moisture Content (Woody/Herb) =60 - 125 percent A. SCHEDULE:

Address season(s), time of day, desired burn conditions and any restrictions. For the IC's benefit, include any special environmental considerations that influenced the decision on month, season, or time of day to burn, e.g., nesting birds, burn temperature needed, air quality concerns. The schedule is incorporated as part of the agreement, therefore burning in a month or season not listed in the Prescribed Burn Plan requires a revision to be submitted.

Environmental conditions may exist 12 out of 12 months of the year. Seasonal climatology and fuel conditions will vary. The listed prescriptive window criteria shall be evaluated within 7 calandar days to identify optimal environmental conditions to meet the burn objectives. All non permissible burn days due to Air Quality and or habitat inclusions shall be avoided.

B. FUEL DESCRIPTION: (Use matrix for multiple entries of fuel model or vegetation type). References:

USFS General Technical Report INT-122, Anderson, Hal E., Aids to Determining Fuel Models [National Fire Equipment System (NFES) 1574].

2. USFS General Technical Report INT-143, Rothermel, Richard C., How to Predict the Spread and Intensity of Forest and Range Fires [National Fire Equipment System (NFES) 1573].

1. FUEL TYPE AND CHARACTERISTICS:
a. FUEL MODEL(s):
10 Re: Model number based on Hal Anderson's Aids to Determining Fuel Models, INT-122.*
• Fire Behavior Fuel Model 1
Fire spread is governed by the fine, very porous, and
continuous herbaceous fuels that have cured or are
nearly cured. Fires are surface fires that move rapidly through the cured grass and associated material. Very
little shrub or timber is present, generally less than onethird of the area. Annual and perennial grasses are included in this fuel model. • Fire Behavior Fuel Model 3
Fires in this fuel are the most intense of the grass group and dislay high rates of spread under the influence of wind. Wind may drive fire into the upper heights of the grass and across standing water. Stands are tall, averaging about 3 feet (1 m), but considerable variation may occur.

Approximately one-thrid of more of the stand is considered dead or cured and maintains the fire.
• Fire Behavior Fuel Model 4
Fires intensity and fast-spreading fires involve the foliage and live and dead fine woody material in the crowns of a nearly continuous secondary overstory.

Stands of mature shrubs, 6 or more feet tall, such as California mixed chaparral.
• Fire Behavior Fuel Model 5
Fire is generally carried in the surface fuels that are made up of litter cast by the shrubs and the grasses or forbs in the understory. The fires are generally not very intense because surface fuel loads are light, the shrubs are young with little dead material, and the foliage contains little volatile material. Usually shrubs are short and almost totally cover the area. Young, green stands with no dead wood would qualify: laurel, vine maple, alder, or even chaparral, manzanita, or chamise. b. Fire Behavior Field Reference Guide, PMS 437
• GR4 (104): This model uses dynamic transfer of herb fuel load from live to dead. The primary carrier of fire is continuous, dry-climate grass. Load and depth are greater than GR2-fuelbed depth is about 2-feet. • GS2 (122): Primary carrier is grass and shrubs combined. Shrubs are 1-3-feet high, grass load is moderate. Spread rate is high; flame length moderate.

Moisture of extinction low.
• SH2 (142): The primary carrier of fire in SH2 is woody shrubs and shrub litter.

Moderate fuel load (higher than SH1), depth about 1 foot, and no grass fuel present. Spread rate is low; flame length low.
11 • SH5 (145): The primary carrier of fire in GS4 is grass and shrubs combined.

Heavy grass/shrub load, depth greater than 2-feet. Spread rate very high; flame length very high. Moisture of extinction is high. • SH7 (147): The primary carrier of fire is woody shrubs and shrub litter. Very heavy shrub load, depth 4-6-feet. Spread rate lower than SH5, but flame length similar. Spread rate is high; flame length very high. * The fuel models identified within Hal Anderson's Aids to Determining Fuel Models are generally referred to as NFFL (Northern Forest Fire Laboratory, renamed Intermountain Fire Sciences Laboratory) and sometimes as FBO (Fire Behavior Officer) fuel models or FBFMs (Fire Behavior Fuel Models). * Fire Behavior Field Reference Guide, PMS 437
The Fire Behavior Field Reference Guide (FBFRG) describes a range of practices by which fire behavior assessments are conducted for fireline leadership in the field, and by Fire Behavior Analysts (FBANs) and Long Term Fire Analysts (LTANs) in support of more sophisticated analysis. It is a hands-on publication for use in the field, in fire behavior training, and as a learning reference. It is intended to be used in conjunction with the Fireline Handbook, Appendix B: Fire Behavior, PMS 410-2.
b. DESCRIBE VEGETATION 1" to 24" Tall:
1) That is likely to carry the flame front.

Fuel Models 1, GR 4 and SH 2
Fire spread is governed by the fine, very porous, and
continuous herbaceous fuels that have cured or are nearly cured. Fires are surface fires that move rapidly through the cured grass and associated material.
2) Include live to dead ratio estimate.

Live to dead ratio in grass less than 10%. Shrub models represent seasonality differences Spring and early Summer = 70% live and 30% dead.

Late Summer and Fall = 30% live and 70% dead (Dynamic Fuel Models) c. DESCRIBE VEGETATION 24 Inches Plus. (Same instructions as for item b) Heavy grass/shrub load, depth greater than 2-feet. Load and depth are greater than fuelbed, depth is about 2-feet with grass and shrubs combined. Heavy grass/shrub load, depth is greater than 2-feet. Spread rate very high; flame 12 length very high. Moisture of extinction is high.Fires intensity and fast-spreading fires involve the foliage and live and dead fine woody material in the crowns of a nearly continuous secondary overstory. Some areas may include some stands of mature shrubs 6 or more feet tall.
d. FUEL ARRANGEMENT:

Provide information on fuel size and how fuels are arranged by elevation, aspect, location on slope, interspersed, etc, as pertinent.

Separation in fuel arrangement varies. North and West aspects can be tight and continuous as well as drainage bottoms. Majority of the fuels are shrubs and annual fuels. Fuel model 4 and SH7 are dense and continuous on approximately 30% of the project
e. FUEL CONTINUITY:

Describe fuel continuity within and between fuel types as they will impact prescribed fire use. Also consider percent groundcover or exposed ground.

Lighter Fuels: FM 1,3,5, GR4 and SH2 have good continuity throughout the project with less than 20% open space of FM 1. Lighter fuels represent 70% of the project and less than 5% total project non burnable.

Heavy Fuels: Fuel model 4 SH5 and SH7 is dense and continuous on approximately 30% of the project
f. SURFACE FUEL DEPTH:

Average height of surface fuels, especially applicable to forest soils (multi layered fuels).

Average surface fuel bed depth 3.5 foot total project.
g. DUFF DEPTH:

Depth of duff as applicable. Less than 3"

2. FUEL LOADING:

For each fuel model, provide fuel load information by size class, live and dead. In addition, provide a total fuel load (tons/acres). Reference: Hal Anderson's Aids to Determining Fuel Models.

Reference Fire Behavior Field Reference Guide, PMS 437. Fuel Model descriptions are in purity if there was 100% Tons Per Acre (TPA). (Association).

Total Project TPA throughout.

Fuel Model Association TPA Total Project TPA
FM 1 = .74 Represented in 40 fuel models
FM 3 = 3.01 Represented in 40 fuel models
FM 4 = 16.03 Represented in 40 fuel models
13 FM 5 = 3.50 Represented in 40 fuel models
GR4 = 2.2 2.2
GS2 = 2.6 2.6
SH2 = 8.4 3
SH5 = 8.6 4.5
SH7 = 14.4 6
TOTAL 59.48 TPA TOTAL 18.3

3. FUEL CONSUMPTION PLANNED:

For each fuel model, estimate the percentage of fuels to be consumed by size class. Include total tons/acre estimated to be consumed.

FM 1 = 100%
FM 3 = 100%
FM 4 = 50%
FM 5 = 50%
GR4 = 100%
GS2 = 100%
SH2 = 50%
SH5 = 50%
SH7 = 50%
TPA Consumption 9.15

4. FUEL TREATMENT PLANNED:

Fuel treatments shall include a variation of application. Application of mechanical modification, land mammal use, and prescribed fire.

5. NARRATIVE:

Preccribed fire will be achievable with an optimal weather window and fuel conditions to achieve the desired fire effects and treatment. Fuel treatment basics are to reduce 100% of the dead fuel while maintaining 50% of the live fuels within the project area.

C. WEATHER AND FUEL MOISTURE:

General information: The VMP burn prescription is a combination of desired weather and fuel conditions needed to accomplish various burn objectives, such as to reduce high fire hazard fuels by 50% or to improve wildlife habitat forage. The burn objectives will dictate how hot or cool the fire should burn, when and where to burn, and what equipment to employ for best results. The results can be obtained from nomograms, but preferably are obtained from a recent BEHAVE (a computer model of fire behavior outputs that require weather and fuel moisture numbers for input, current vesion 6.0.
14 The opportunity to burn is referred to as a "burn window", and is dependent on the range of weather and fuel moisture tolerances allowed in the prescription. The window should be wide enough to achieve objectives without jeopardizing fire safety.

A narrow burn window limits the statistical probability that the conditions will ever be met, and assumes that specified personnel and equipment are readily available if the weather does cooperate.

1. WEATHER DATA COLLECTION:
a. LOCATION(S) /METHOD(S) OF DATA COLLECTION:

Fixed RAWS Tonner Canyon ID# 045453 Elevation 1340ft.

Onsite observations Via belt Wx kit or Kestrel every hour or as directed by the burn boss.
b. DATA TO BE COLLECTED:

Temperature, relative humidity, fine dead fuel moisture, wind speed/direction, and probability of ignition. Onsite and cataloged for Rx burn archive. c. SAMPLING PERIOD:

Onsite weather will be collected daily though Tonner Canyon RAWS. Live fuels will be sampled every 15 -18 days and input into LAC Live Fuel Moisture Database.
d. FORECASTS:

National Weather Service Los Angeles will be utilized for all weather forecasts. Weather forecasts will include General Forecasts, Zone Forecasts, and Spot Weather Forecast request within 12 hours of a potential burn day. e. FORECASTING ENTITY:

National Weather Service Los Angeles will be utilized for all weather forecasts.
f. SPECIFICATIONS, WARNINGS:

Weather forecasts will include General Forecasts, Zone Forecasts, and Spot Weather Forecast request within 12 hours of a potential burn day.

In the issuance of a Fire-weather Watch or Red Flag Warning no prescribed fire shall be conducted within an issuance timeframe.
g. PROBABILITY OF ADVERSE WEATHER:

Adverse weather such as a forecasted or onsite weather values will render a non permissible burn day due to un-favorable weather conditions to safely and effectively meet the burn objectives.

Weather conditions that may pose a no burn day would be: Fire Weather 15 Watch or Warning, low or high mixing heights, wind impacting targeted homes and or community with smoke impact sensitivity.
h. ADDITIONAL COMMENTS:

Local weather patterns are predominately under a South South Westerly wind pattern up canyon upslope. Nighttime winds northerly down canyon slope.

All 20' winds are routinely 3-5 mph peaking less than 20 mph in the afternoons.

2. PRESCRIPTION FOR FUEL MOISTURE, WEATHER, AND SOILS
Describe target, minimum, and maximum ranges for the following fuel and weather characteristics. The "Prescriptive Window" to achieve optimal desired fire effects to meet the land management objectives
a. RELATIVE HUMIDITY 15% - 50%
b. AIR TEMPERATURE 50-85 degrees
c. WIND DIRECTION Any optimal West / South / Southwest
d. 20' WIND SPEED Less than 20 mph
e. FUEL MOISTURE, FDFM = 3%-15% , 10 hour DFM 3%-15%,
100 hour DFM = 9%- 25%, Live Fuel Moisture = 60% - 140% f. SOIL MOISTURE = N/A
g. DUFF MOISTURE = N/A

1.5 Fire Behavior Predictions:

A. Provide outputs generated by fire behavior calculations (i.e. BEHAVEPLUS) using the determined environmental parameters as variables.
1) FIRE LINE INTENSITY (BTUs/foot/second):

Range based upon fire alignment 47 - 3100 HPUA BTUs/foot/second Outputs listed below in charts.
3) RATE OF SPREAD (chains/hour):

Head 3 - 216 ch/hr Max to min value input range
Backing .1 -9 ch/hr
Flanking 3 - 18 Ch/hr
16 3) FLAME LENGTH (feet): Target 3-15' and Maximum 25'. 4) SCORCH Height: (feet): N/A
5) PROBABILITY OF IGNITION: Target 30-70% , Acceptable <80%. 6) BURNOUT TIME (Hours): Target 2 - 6 hours, Acceptable 8 hours. 7) OTHER: WFDSS / WIFIRE / Wildfire Analyst
DRAFTI
Headfire Inputs / Outputs
17 Outputs: Outputs:

ROS 37.9
ROS 63.1
HPUA 75 HPUA 673
FUl 52 Fu 778
FL 2.8 FL 9.6 /
-
Outputs: Outputs:

ROS 254 ROS 264
HPUA 103 MFWS: HPUA 900
FLI 480 FLI 4663
FL 21.3
FL 1.7
-1-2-8-2 -1-708-2 -1-1-3-2
Outputs:

ROS 40
HPUA 2449 0.8
-M FLI 1795 47
FL 14.1
1 0.4
gr4
Outputs: High
ROS 216.1 Outputs:

HPUA 3169 3
ROS 53.3
Fu 12552
FL 34.6 60 HPUA 538
FLI 525
30 FL 8
Outputs: Outputs:

ROS 2.1 ROS 1.1
HPUA 105 HPUA 358
Fu 4 FU 7

0.9 FL 1.1
FL
30 Outputs:

Outputs: ROS 18.8
ROS HPUA 1449
HPUA 525
555

8.2 sh7
towers
Outputs:

ROS 178
HEUA 1530
5 530
-==8-8 85
Outputs:

ROS 93
HOUA 2509
ru 4230

22.1 8 ~ 8
Backing Fire Inputs / Outputs
18 Fuel Model 3
Low end Backing Description Low end Backing
Outputs: Outputs:

Inputs:

ROS
1 Hour DEM 9 ROS 5.2
HPUA 75 10 Hour DFM 11
HPUA 673
FLI 13
100 Hour DFM FLI 64
LEM 120 FL
MFWS:

Slope %: 30
Fuel Model
High End Backing Description High End Backing
Outputs: Inputs: Outputs:

ROS 8.5 1 Hour DFM ROS 8.6
HPUA 103 10 Hour DFM HPUA 900
FLI 16 100 Hour DFM
FLI 141

1.6 LEM 60
FL 4.4
MFWS:
30 Slope %: 30
gr4
Low end Backing Low end Backing
Outputs:

3.2 ROS 0.1
2449
HPUA 47
145
13 FLI
120 4.47
120 FL
30 High End Backing gr4
High End Backing
Outputs:

ROS Outputs:

HPUA 3169 ROS 4.3
FLI 409 HPUA 538
FL Fu
60 FL 25
30 gs2 sh2
Low end Backing Low end Backing
Outputs:

0.2 ROS 0.1
11 105 11 HPUA 358
13 FLI FLI
120 0.3 120 FL
30 30
gs2 sh2
High End Backing High End Backing
Outputs:
8{==
60 7
30 Fuel Model sh7
Description Low end Backing
Inputs: Outputs:
1 Hour DFM ROS
10 Hour DFM 11 HPUA
100 Hour DFM 13 FLI
LEM 120 FL 2.7
MFWS: 3
Slope%: 30
Fuel Model sh7
Description High End Backing
Inputs: Outputs:
1 Hour DFM 3 ROS
10 Hour DFM HPUA
100 Hour DEM 7 FLI
LFM 60 FL 4.3
MEWS: 7
Slope %: 30
8) FIRE BEHAVIOR NARRATIVE:

Describe the fire behavior identified in the prescription and discuss how it will achieve the desired treatment objectives. Discuss fire behavior related to firing method and patterns. Evaluate conditions adjacent to the project area in terms of potential for spot fire ignition and uncontrolled fire growth.

Fire effects are to manage fire intensity for the selective removal of native watershed and non-native species. A mosaic pattern across the landscape and obtain the desired land management plan enhancing native plant species and habitat in the project area.

Ignition pattern will be determined by analysis of fuel and weather conditions on the day of burn within the prescription window.

Hand firing with drip torches and fusees will be utilized primarily for the project.

Black line will be established to widen control lines in applicable areas. Backing Fire, Flanking Fire, and Head Fire will be utilized. A line of fire or dot firing will be utilized in various combinations as managed by the firing boss.

Areas on the burn day will be identified for the fires ability to move past the project boundary. Mechanical treatment of reducing the receptive wildland fuels will be utilized, such as mowing, cutting, and wet line to limit fire spread if a spot fire is established.

In the event of a spot fire, all firing operations may be on hold at the discretion of the burn boss. The burn boss will evaluate the fire potential and adjust resourses to suppress any fire outside a control line. The Incident Commander will evaluate all actions on the control burn to determine operational solutions and engagement.

1.6 Smoke Management Plan:

The following information will guide the development of the prescribed fire plan and the environmental checklist. Title 17, Subchapter 2, Section 80160 describes the special requirements for prescribed fires. The local Air Pollution Control District (APCD) or Air Quality Management District (AQMD) shall be contacted to determine local requirements. A separate Smoke Management Plan may be required by an individual District.

A. AFFECTED AREAS AND CONDITIONS
Identify the responsible district and basin and describe conditions. (1) AIR POLLUTION CONTROL DISTRICT (AIR QUALITY MGMT
DISTRICT): South Coast Air Quality District
20 (2) AIR BASIN: South Coast
(3) SMOKE SENSITIVE AREAS: .5 Mile
(4) AIR QUALITY CONDITIONS:

Average Fuels & Emissions Per Acre
40 0.2
30 0.15

22.46 PM

0.1 20 17.79 0.09
/Acre

12.2 10 0.05
0 Pollutant
Fuel • Consumed GHGs PM2.5 PM10
Consider factors such as, consumption tons/acre, emissions tons/acre (PM-10) and the emissions factor. (FOFEM may be used for calculations
Hourly Emissions =

0.8 100

0.6 75
· 0.4 50 CO2 Tons

0.2 25
06 18
Hour
-• PM2.5 + PM10 • CO2 " CO # CHA + 502
Total Consumption and Emissions
Consumption tons/acre
Duff 0.00
Flaming 10.99
Smoldering 1.22
Residual 0.00
Total 12.20
BTU/ft2
Heat 4482.40
Emissions tons
PM2.5 2.58
PM10 3.05
CO 27.09
CO2 612.85
GHGS 673.72
CHA 1.35
NOX 1.22
VOC 6.41
NH3 0.55
S02 0.27
Visibility hazards (roads, airports, etc.) No impact
• Mitigating measures or actions to reduce visibility hazards An immediate holding of all firing. Cal Trans will be notified prior to burn operations as well as CHP for the potential of traffic control on North and South bound 57 Freeway.
• Contingency plan for unanticipated smoke impacts.
22 An immediate holding of firing. Notifications made to residents of impacted areas through reverse 911 system.

B. SMOKE DISPERSAL PLAN:

Enter target specifications and acceptable ranges for items listed below. If there is an unacceptable wind direction, identify it and show why. A smoke dispersal plan should be developed with the assistance and recommendations of the APCD/AQMD representative. See the Smoke Management section for more details on smoke sensitive areas and smoke dispersal.
1) WIND DIRECTION:

Project site, Venting Height, During burnout
Optimal wind direction is coming out of the West South West, influencing smoke column to the East in the unpopulated area up canyon. Smoke column will be minimal with any max altitude.
2) VENTING ELEVATION: Adequate mixing height above 400' is highly favorable. 3) SMOKE DISPERSAL AREA(S) Transport winds are generally out of the South West. Allowing smoke to disperse further East into an unpopulated area of Tonner canyon.
4) VISIBILITY FACTORS:

At Project Site and Smoke Dispersal Area
57 Freeway is located to the West of the project area, visibility should not be a factor. Cal Trans and CHP will be notified of project.
5) NARRATIVE:

Describe coordination procedures, criteria for implementing mop-up to reduce Burn-down time, reference correspondence with air pollution agencies, etc. This item can also be expanded to address District-specific Smoke Management Plan requirements as an alternative to utilizing a district furnished form/format.

Majority of the fuels are grasses and smaller diameter, and will be consumed durning the initial burn period. Larger diameter dead and down will be cut and piled for better consumption. Fire intenstity will be managed to obtain the desired fire effects to meet the burn objectives. Firing should be tageted from 2-6 hours in duration. 100% mop up will be adhered to.

1.7 Public Information Plan:

State the schedule for public notice and type of media to be used. This would include items such as newspaper notifications, radio notifications, road signage and agency notifications. Name person(s) responsible for contacts. Recommended procedure: Unit Chief issuance of a Media Release/Public Service Announcement (MR/PSA) to all media. It may be advisable to maintain a local unit smoke sensitive individuals phone 23 contact list. In the event of burn escape scenarios, the Unit Chief shall determine Media Relations protocols.

No less than one month prior to prescribed burn a town hall meeting will be held with the communities of Diamond Ridge Estates and Country Estates as well as the City of Diamond Bar. Representing Los Angeles County Fire Department will be the jurisdictional Battalion Chief, member of the PIO office, personnel from forestry unit, and the project burn boss. Newsletters will also be mailed out to the local community describing the project, benefits of prescribed fire, and the potential health risk of exposure to smoke. The Los Angeles County Fire Department website will have updated information about the project as well as give timelines and projections of prescribed burns. On the burn days, signs will be posted at the entry and exit points to the communities of Diamond Ridge and Country Estates as well as phone notifications.

Cal Trans will be notified to post signs on the 57 Freeway to alert drivers of a controlled burn in the area.

In the event of an escape fire, the assigned PIO officer will handle media notifications.

1.8 Project Implementation Task Schedule:

Identify necessary project site preparatory tasks (line construction, pretreatment, etc, describe the task, who will complete it (CAL FIRE or cooperator), and how and when it will be completed. Include any environmental mitigation measures that are required.

Pre fire control lines will be constructed by Los Angeles County hand crews no more than 2 months prior to burn. Control lines will be constructed no less than 12' wide to bare mineral soil on the mid slope roads separating blocks E1, D1, C1, and B1 from B2, C2, C3, and D2.

Control lines will also be constructed by hand no less than 2' wide separating blocks B2, C2, C3, and D2. Blocks A, B1, C1, D1 will be mechanically treated by contracted vendors prior to burn to remove 50 to 70% of total fuel load

1.9 List of Attachments: (Examples of common attachments) --LIST OF ATTACHMENTS--
• Section 2: PROJECT COST SUMMARY
• Apportionment of Benefits
• CALFIRE Resources Cost Summary Worksheet
• Section 3: ENVIRONMENTAL CHECKLIST
• Section 4: INCIDENT ACTION PLAN
• Plan attached
• Plan to be submitted with first activity report
24 • Smoke Management Plan
• OTHER ATTACHMENTS
_ (#) RM-75 Agreements for Prescribed Burning
DRAFTI
25 Exhibit II.1
VMP NUMBER: RX South 063 LAC DATE: 10/25/2021
PROJECT NAME: Tonner Cyn South
VMP Event Name: RX Burn
Section 2: PRESCRIBED BURN PLAN

PROJECT COST SUMMARY

1. APPROTIONMENT OF Public/Private Benifet
Category Public Benefit Private Benefit
A. Fire Hazard Reduction 15 2
B. Water Yield
C. Watershed Stabilization with
Respect to Large Fires
D. Wildlife Habitat Improvement 15 1
E. Fisheries Habitat Improvement
F. Air Quality Protection/improvement 2 1
G. Range Forage Improvement 0 0
Field Score Totals: 32 4
Benefit Apportionment:

FIRE NO LONGER REQUIRES A COST SHARE FOR THE 88.89% 11.11%

COOPERATORS

2. COST SUMMARY
CAL FIRE Cooperator
A. PERSONNEL $0.00 $0.00
B. EQUIPMENT $0.00 $0.00
C. SUPPLIES $0.00 $0.00
D. CASH $0.00 $0.00
Sub-Totals $ $0.00 $0.00
€ % No longer Required for CAL FIRE Projects. #DIV/O! #DIV/O! TOTAL ESTIMATED PROJECT COST: $0.00
Rates updated September 2015
Department of Forestry and Fire Protection
Project Cost Summary Worksheet
Personnel Summary
Resource Quantity Size Rate Resource cost
8 40hour $93.64 $29,964.80
8 40hour #N/A $76.96 $24,627.20
10 40hour #N/A $65.94 $26,376.00
Fire Suppression Aid 24 40hour #N/A $39.11 $37,545.60
Operator 140hour #N/A $76.96 $3,078.40
Battalion Chief 2 40hour #N/A $113.81 $9,104.80
Forestery Assistant I| 2 40hour #N/A $66.25 $5,300.00
Forester II (Supervisory) 1 40hour #N/A $100.86 $4,034.40 PERSONNEL SUB-TOTAL $135,970.00
Equipment Summary
Resource Quantity Size Rate Resource cost
Engine Type 1 3 40 Hour #N/A $140.00 $16,800.00
Engine Type 3 140 Hour #N/A $126.00 $5,040.00
Patrol Type 6 1 40 Hour #N/A $120.00 $4,800.00
Water Tender Type 1 1 40 Hour #N/A $119.50 $4,780.00
CCV 4 40 Hour #N/A $39.65 $6,344.00
Dozer Type 1 140 Hour #N/A $218.47 $8,736.00
EQUIPMENT SUB-TOTAL $46,500.00
Supplies Summary
Resource Quantity Units Rate Resource cost
Burn Mix 50 gallons $4.80 $240.00
Flash 21 1 case $340.00 $340.00
SUPPLIES SUB-TOTAL $580.00
CASH SUB-TOTAL $0.00
CALFIRE ESTIMATED TOTAL COST $183,050.00
Private Cooperator #1
Project Cost Summary Worksheet
Personnel Summary
Resource Quantity Size Rate Resource cost
PERSONNEL SUB-TOTAL $0.00
Equipment Summary
Resource Quantity Size Rate Resource cost
EQUIPMENT SUB-TOTAL $0.00
Supplies Summary
Resource Quantity Units Rate Resource cost
SUPPLIES SUB-TOTAL $0.00
CASH SUB-TOTAL $0.00
Cooperator # 1 ESTIMATED TOTAL COST $0.00
Private Cooperator #2
Project Cost Summary Worksheet
Personnel Summary
Resource Quantity Size Rate Resource cost
PERSONNEL SUB-TOTAL $0.00
Equipment Summary
Resource Quantity Size Rate Resource cost
EQUIPMENT SUB-TOTAL $0.00
Supplies Summary
Resource Quantity Units Rate Resource cost
SUPPLIES SUB-TOTAL $0.00
CASH SUB-TOTAL $0.00
Cooperator # 2 ESTIMATED TOTAL COST $0.00
Private Cooperator #3
Personnel Summary
Resource Quantity Size Rate Resource cost
PERSONNEL SUB-TOTAL $0.00
Equipment Summary
Resource Quantity Size Rate Resource cost
EQUIPMENT SUB-TOTAL $0.00
Supplies Summary
Resource Quantity Units Rate Resource cost
SUPPLIES SUB-TOTAL $0.00
CASH SUB-TOTAL $0.00
Cooperator # 3 ESTIMATED TOTAL COST $0.00

PRESCRIBED BURN PLAN
(V4)
ENVIRONMENTAL CHECKLIST (SCH #80100262)
DO NOT CHANGE THE "BOILER PLATE" TEXT IN THE ENVIRONMENTAL CHECKLIST.

The approved checklist of potential environmental effects and mitigation measures has been extracted from the CMP EIR. Recent amendments to CEQA now require that "no" (no impact) answers be explained for any given checklist question. The explanation will be provided in this case by listing one or more mitigation measure from the EIR to be applied in the actual project. In other words, the listed mitigation measure is going to be applied and is the reason the impact will be minimized to a level of insignificance or totally avoided. Most of the plausible explanations already have been provided on the revised VMP checklist. If a question does not apply, such as there are no watercourses within the project area, the author must explain in so many words (N/A is not acceptable).

PROCEDURES:

Answer the questions on the Environmental Checklist. All questions will be answered either "YES" or "NO" ("N/A" answers are not acceptable). The checklist questions are worded in such a way that any "Yes" answer means that the planned project is "NO GO"-- the potential impacts have not been mitigated in the CMP EIR and supplemental environmental analysis is required before work can proceed. Call Sacramento staff for further instructions. All "No" answers will be explained in the following manner:

List one or more of the mitigation measures provided under the "Effect" question, or Explain the reason under "Other Conditions": use the suggested response or your own statement as to how conditions or alternatives will avoid or mitigate potential adverse project impacts. Provide rationale, if necessary, for proceeding in the absence of reviewing agency approval.
"Other Conditions" will commonly be used to declare the condition does not apply.

Under (2) for example, one might explain that degradation of a resource such as water quality is not likely because water is not present or because the project has been relocated to avoid impacts to water resources. This category will also be used to list extra measures, such as recommendations of the Department of fish and Wildlife or other relevant federal or state agencies.

ALL "NO" ANSWERS MUST BE ADDRESSED IN ONE OF THE TWO MANNERS DESCRIBED ABOVE. (Leave all questions intact with the answer "yes" or "no".) Add lines where needed to explain other reasons for no impact.

Summarize the mitigation measures to be used in the appropriate sections of the Burn Plan (e.g., under "Environmental Setting") or wherever appropriate to ensure these measures are implemented by staff assigned to the project.

OUTSIDE AGENCY REVIEW PROCEDURES:

At the onset of project planning, staff shall initiate wildlife and archaeology (local agency) reviews. The current procedure for wildlife review is to run a "California Natural Diversity Data Base" (CNDDB) query, then to contact the local biologist of the Department of Fish and Wildlife (DFW) or relevant federal agencies to determine if there are any immediate concerns based on the printout.

As the project plan is being developed, the VMP coordinator shall send a letter including a map of the proposed project to appropriate agencies, as mandated by CEQA. Agencies include Native American Tribal Group(s), California Cultural Information Center for a records check request, Regional Water Quality Control Board, Department of Fish and Wildlife (with results of CNDDB search), and others where relevant (i.e. appropriate federal agencies (BLM, USFS, BIA, USF&W, NPS, etc), Cal-Trans, Coastal Commission, State or County Parks). Include a copy of any notification letter and any responses in the VMP package.

A reasonable deadline for review should be stated in the letter to other agencies.

Incorporate any changes to the project in the burn plan, and include either copies of the return correspondence or a summary of comments from agencies and individuals in the project plan. Respond to comment letters that ask for changes to the project. Responses will include what changes were made or a justification for deciding not to change the project.

The coordinator may respond verbally provided a record of the response is included in the file. NOTE: No portion of this project, especially actions involving ground disturbance or vegetation removal, may be initiated by the VMP Cooperator or CAL FIRE until archaeological and environmental review has been completed and recommendations have been incorporated into the project plan.

PROJECT CHANGES:

Environmental consequences must be considered whenever there are any changes to the burn plan or project design. Please forward revised burn plans and checklists to Sacramento when major changes are made to the project design or location.

SUPPLEMENTAL PROCEDURES FOR ENVIRONMENTAL CHECKLIST

CALIFORNIA NATURAL DIVERSITY DATA BASE (CNDDB) SURVEYS
The VMP environmental checklist should not be completed before a CNDDB survey is requested and interpreted for sensitivity to impact by fire or other VMP project activities.

The database will check a 5-mile radius of the coordinates entered. At minimum, a one mile search or a 9-quad search should be conducted adjacent to the project area. The database requires the following information:

1. Range, Township, and Section Numbers

2. The Base Meridian

3. The map quadrant name
The CNDDB printouts include a page of information about each species located within the search radius. Some of the information is detailed, some virtually absent. The upper right- 2 hand corner of each page will describe where the species was located and its status.

Read the attached DFW explanations for interpretation of the printouts. Agency biologists (foresters in this case) may interpret the CNDDB data for applicability to their proposed project. For example, if a listed species is a bog plant and the project is on a ridge-top, then the chances of encountering the species is minimal. Conversely, if the species is a type of quail roosting in overgrown brush, then the likelihood of impact may be very high if the brush is burned.

VMP staff should make some preliminary investigations and interpretations regarding the CNDDB printouts, and the printouts may also be mailed to the local DFW contact person for further review. Be sure to make DFW and/or USF&W aware of any state or federally listed species identified by the database. If a survey is warranted and the DFW contact is not available, it may be possible to enter a short-term agreement with a local educational institution to investigate the habitat of the species in question. Contact Sacramento VMP headquarters for further information on contracting for surveys.

SECTION 3: PRESCRIBED BURN PLAN
ENVIRONMENTAL CHECKLIST (SCH #80100262)
.01 EFFECT (Water Resources): Will the removal of vegetative cover result in increased water runoff on slopes and subsequent adverse effects on water quality or other resources? NO
*MITIGATION: (Effect 01)
Geologic hazard areas will not be burned.
**OTHER CONDITIONS: (Effect .01)
• Physical conditions are such that there will be no increased runoff resulting from the project.

There is an existing buffer strip of vegetation between the project site and any water course that will prevent degradation of water quality or watershed values.

There are no beneficial uses in the vicinity of this project that will be adversely affected by increased runoff.

Additional reasons: The project will be implemented to create a natural vegetative mosaic.

This will reduce erosion and runoff.
.02 EFFECT (Water Res.) If burning in a perennial watercourse, lake, or reservoir, will the removal of vegetative cover or other phases of the proposed project significantly increase turbidity or deposition of sediment? NO
*MITIGATION: (Effect .02)
A DFW biologist has been asked to review the project and provided the following comments:
• DFW does not anticipate adverse effects to waterbodies as a result of this project as proposed.

Recommendations have been incorporated in the project design to prevent adverse impacts to water bodies present in the project area (See below under "Other Conditions").

X Large areas will not be burned within a short time period, nor will the project be conducted in geologic hazard areas, sandy or shallow soils. High intensity fires will be avoided.

Areas where high intensity fire destroys seed stock or adversely alters soil structure will be seeded afterward with herbaceous species.

Project design was modified to reduce impact on domestic and instream water resources.

Riparian vegetation will not be disturbed.
**OTHER CONDITIONS: (Effect .02)
П There is no perennial watercourse, lake, or reservoir in the vicinity of the project.

X There is an existing buffer strip of vegetation between the project site and any water course that will prevent degradation of water quality or watershed values.

DFW recommendations:_
4 Additional reasons: Project activities will be designed to avoid impacting the streambeds and banks of any streams to the extent feasible. This will be done by ensuring that fuel modification activities in these areas are conducted by hand. .03 EFFECT (Water Res.): If removal of watercourse shading is planned, will this project cause a significant increase in water temperature that is detrimental to fish? NO
*MITIGATION: (Effect .03)
Riparian vegetation will be not be disturbed.

X Any vegetation affecting maintenance of stream shade and temperature will not be There are no watercourses in the vicinity of the project.

Additional reasons: Biologist (Alissa Cope, Sage Environmental Group) has reviewed the project and provided the following comments: No fish species were observed during the surveys on the project site. The tributary drainages within the Study Area are ephemeral and/orintermittent, limiting the potential for fish within the Study Area. There will be no significant increase in water temperature that is detrimental to fish. Only dead wooding of vegetation will take place in riparian areas by hand crews.
„04 EFFECT (Water Res.): If using heavy equipment on unstable soils, will this project cause land- slides or slope failure? NO
*MITIGATION: (Effect .04)
X Heavy equipment will not be allowed on current or potential slide areas. **OTHER CONDITIONS: (Effect 04)
There are no known unstable soils in the project area.

X Additional reasons: : Heavy equipment used on this project will be minimized on slopes over 35% and excluded from riparian areas as well as the Watercourse and Lake Protection Zone. Heavy Equipment when not in use will be staged in approved staging areas. Staging areas and access routes will be located within the existing parking areas and inspected by the project biologist prior to establishment to avoid unnecessary impacts to sensitive species and habitats.
.05 EFFECT (Water Res.): Will this project cause slash or woody debris to be deposited in a watercourse, lake or reservoir? NO
*MITIGATION: (Effect .05)
All watercourses and areas below lake transition zone will be kept free of slash and debris. Accidental deposits will be cleaned up. (Needed erosion control structures, such as gully plugs or erosion control devices may be installed to prevent accelerated erosion as needed.)
5 **OTHER CONDITIONS: (Effect 05)
• There are no watercourses, lakes or reservoirs in the project area.

There is an existing buffer strip of vegetation between the project site and any water course that will prevent degradation of water quality or watershed values.

Additional reasons: Slash and woody debris generated from project activities will not be piled in a location where they may be deposited into the watercourse. .06 EFFECT (Water res.): Are there any other circumstances or site conditions present in this project as designed that have not been mitigated to avoid adverse impacts on water quality? NO
*MITIGATION: (Effect .06)
Article 6 of the Program Regulations (Resource Protection Guidelines) will be followed.

The site-specific measures to be applied under Article 6 are listed below under "Other Conditions".
**OTHER CONDITIONS: (Effect .06)
Additional reasons: 1569.

Resource Protection Guidelines.

Resource Protection Guidelines (14 CAC 1569.1-1569.6) have been established for chaparral management in order to minimize damage from chaparral management practices. These guidelines shall be part of the management plan submitted by an applicant. The management plan should demonstrate compliance with applicable sections of this article. 1569.2 Watercourse and Lake Protection.
(a) Throughout the course of the project, the applicants shall keep the watercourse and lake protection zone free of slash, debris, and other material that will harm fish, wildlife, or other beneficial uses of water. Accidental deposits shall be removed immediately. (b) No tractors, trucks, cars, or other machinery shall enter meadows and other wet areas, or in other areas where such servicing will permit grease, oil, fuel, or other toxic substances to enter lakes, watercourses, or wet areas.
(c) Except when performing fish and wildlife habitat improvement practices or forest land conservation practices, heavy earth-moving equipment working on the project area shall be prohibited from working within 15.24m (50 feet) slope distance above the watercourse or lake protection zone. Wider protection zones may be required following an environmental review of the project conducted according to 14 CAC 1565.2(a) (4). (d) The participant shall responsible for complying with applicable sections of the Fish and Game Code and local ordinances.
(e) The project's impact on domestic water supplies shall be considered during the project design stage.

NOTE: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4462, 4467, 4475, 21001(a), (b), (c), (t), 21002, Public Resources Code. 1569.3. Wet Meadows, Marshes, and Other Wet Areas,
No activities shall be permitted in wet meadows, marshes, and other wet areas unless such activities are forest land conservation practices or fish and wildlife habitat improvement practices, and necessary measures to minimize damage from these practices have been implemented.

NOTE: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4462, 4467, 4475, 21001(a), (b), (c), (f), 21002, Public Resources Code. 1569.4. Erosion Control.
(a) Activities on identified geologic hazard areas shall be avoided. (b) Brush removed from slopes with a bulldozer shall be windrowed along the contour.

Windrowed brush may be disposed of by burning or any other appropriate methods prior to planting or seeding.
(c) Heavy equipment shall not be operated on the project area when soils are approaching field capacity, or when such activity would cause excessive soil damage. (d) Heavy equipment shall not be operated on known potential or active slide areas. (e) Planned type conversions from shrub species to grass shall be limited to situations that will neither cause accelerated erosion, nor contribute to landslides or other mass wasting, and that are edaphically appropriate.

NOTE: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4462,4467,4475, 21001(a), (b), (c), (f), 21002, Public Resources Code. .07 EFFECT (Soils/Water quality): If this project will use a heavy disk, root or brush rake or dozer blade, and/or if this project incorporates low-blade crushing, anchor chaining, or ball-and-chaining of vegetation such as for fuel treatment or control line construction; will this project result in excessive soil disturbance, soil compaction, accelerated erosion or soil deposition in watercourses? NO
*MITIGATION: (Effect .07)
Heavy equipment use will be minimized on slopes over 35%.

No heavy equipment, soil, or brush berms will be allowed within 50 feet of a watercourse or lake transition zone.

Slopes that present geologic or safety hazards have been identified and will be avoided. • These methods of pre-treatment will be used on no more of the project area than is necessary for safety, as determined by the CAL FIRE Regional Chief.

Equipment will not be allowed on soils when the moisture content is at/or above field capacity.

Brush removed from slopes will be windrowed along the contour and disposed of by burning or by other appropriate methods that leave effective berms of residual soil to impede surface water flow.

Buffer strips of vegetation will be left between treated areas and watercourses.

Vegetation in natural drainages will be left to trap sediment.

These methods will not be used in mid-late spring when the soil erosion potential from spring rains is high and corresponds with ineffectual treatment of young brush stands with a high moisture content.

Area will be drill-seeded with herbaceous species on contour in the Fall to reduce surface flow.
**OTHER CONDITIONS: (Effect .07)
Heavy equipment will not be used.

There is no watercourse, lake, or reservoir in the vicinity of the project.

Additional reasons:_Recommendations have been incorporated into the project design. (See .06 effect 1569.2 Erosion Control.)
.08 EFFECT (SOIL STABILITY): Will the project disturb any geologic hazard areas within or adjacent to the project? NO
*MITIGATION: (Effect .08)
Geologic hazard areas are marked and will be avoided.
**OTHER CONDITIONS: (Effect 08)
No geologic hazard areas were identified within the project area.

Additional reasons:_
.09 EFFECT (Vegetation): If burning large areas of mature chaparral vegetation during winter or spring: will this project cause low regeneration and depletion of available wildlife forage? NO
*MITIGATION: (Effect 09)
No more of the project area will be burned than is necessary for fire safety, as determined by the CAL FIRE Regional Chief.

Areas of the project have been reserved for summer or fall burning to allow propagation of herbaceous plants.

The burn is located on ridge tops and/or canyon bottoms to minimize impacts to wildlife habitat.

The project will be burned in a pattern to create and maintain a mosaic of old and young growth with diverse habitat structure.
**OTHER CONDITIONS: (Effect .09)
Large areas of mature chaparral will not be burned in winter or spring.

Additional reasons: This project will not cause low regeneration and depletion of available wildlife forage. Manual treatments will be used to cut brush in such a manner to preserve species and habitat diversity.
8 .10 EFFECT (Seasonal impacts on vegetation): If burning dense stands of chaparral occurring upon woodland soils in winter or spring: will this project which could cause significant adverse effects on plant regeneration and loss of wildlife habitat and oak woodlands? NO *MITIGATION: (Effect .10)
No more of the project area will be burned than is necessary for fire safety, as determined by the CAL FIRE Regional Chief.
• Landowner to re-seed if regeneration not apparent after burn, or if burn vegetation loss is greater than desired.

Trees will be protected through use of a cool prescription and/or clear around trees for protection.
**OTHER CONDITIONS: (Effect :.10)
Dense stands of chaparral will not be burned in winter or spring.

Additional reasons: _There are no anticipated adverse effects on plant regeneration and loss of wildlife habitat and oak woodlands. Manual treatments will be used to cut the brush in such a manner to preserve species and habitat diversity. Oaks will be preserved as much as possible while still maintaining the integrity of the VMP. .11 EFFECT (Vegetation): Same as question 10, except will burning in summer or fall cause a significant loss of wildlife habitat and/or damage to oak woodlands? NO
*MITIGATION: (Effect .11)
Area will be re-seeded if regeneration not apparent after burn, or if burn vegetation loss is greater than desired.

Trees will be protected through use of a cool prescription and/or clearing around trees for protection.
• Burn will maintain islands and strips of chaparral to provide thermal protection and escape cover for wildlife.
**OTHER CONDITIONS: (Effect 11)
Dense stands of chaparral will not be burned in summer or fall.

The project will incorporate the California Department of Fish and Wildlife (DFW) recommendation to maintain forty percent cover for wildlife habitat.

Additional reasons: _There are no anticipated adverse effects on plant regeneration and loss of wildlife habitat and oak woodlands. Manual treatments will be used to cut the brush in such a manner to preserve species and habitat diversity. Oaks will be preserved as much as possible while still maintaining the integrity of the VMP. .12 EFFECT (Vegetation): if burning in areas with oak or conifer overstory: will this project result in undesired adverse effects on conifer and/or oak tree survival? NO
*MITIGATION: (Effect .12)
9 Conifer and/or oak trees will be protected through use of cooler prescriptions and/or chaparral understory will be cleared away from trunks.
**OTHER CONDITIONS: (Effect 12)
This project does not have a forest overstory.

Project will intentionally eliminate existing conifer/oak vegetation as part of a plan to prepare the site for reforestation.

Additional reasons: There are no anticipated undesired adverse effects on conifer and/or oak and pine tree survival. The oak and pine trees will be pruned to raise the canopy level off the ground to prevent torching and crown fires.
-13 EFFECT (Habitat/veg.): Will the proposed project result in a reduction in oak trees that could adversely affect wildlife habitat, species diversity, or a cumulative lack of oak regeneration in the area? NO
*MITIGATION: (Effect .13)
The project has been reviewed by a biologist from DFW who has determined:

X There are no significant undesired effects to oaks or oak-related habitat in the project as proposed.

The project incorporates wildlife/hardwood retention guidelines that maintain habitat diversity (see Other Conditions").

Landowner will protect oak seedlings from livestock grazing while regeneration is occurring.

Landowner will plant oaks when natural regeneration fails.

Landowner will seed with large seed-producing forbs to replace lost forage seed mast.

Fire will be low-intensity and is not expected to harm trees. **OTHER CONDITIONS: (Effect.13)
Oaks are not present in the project area.

DFW recommendations:

Additional reasons:_Oak trees will be preserved as much as possible while maintaining the integrity of the VMP. Sufficient oaks will be preserved to ensure there are no adverse affects to wildlife habitat, species diversity, or a cumulative lack of oak regeneration in the area.
.14 EFFECT (Wildlife): Will this project result in significant detrimental effects on wildlife habitat by creating a large homogeneous ecotone with no mosaic or strips of unburned vegetation? NO
*MITIGATION: (Effect 14)
The project will be burned in a pattern to create and maintain a mosaic of old and young growth with diverse habitat structure.
• The area will be seeded with a variety of forbs to enhance the ground cover and available wildlife forage (include in Cost-Share description).
10 Spring burning will be avoided because plant species diversity might be adversely affected in such a large burn.

Adjacent areas will be burned only after project site recovers sufficiently to create a pattern of young and old growth with diverse habitat structure. **OTHER CONDITIONS: (Effect 14)
Additional reasons: The Tonner Canyon VMP includes Project Design Features to ensure Plan implementation avoids and/or minimizes potential effects to sensitive plant communities, and sensitive plant and animal species potentially onsite. Implementation will be in a varied pattern to create and maintain a mosaic of old and young vegetation growth with diverse habitat structure. (Appendix D: Pg. 2 Biological Assessment; Sage Environmental Group).
.15 EFFECT (Wildlife): Will any rare or endangered plant or animal species be adversely affected by this project? NO
*MITIGATION: (Effect .15)
The project has been reviewed by biologists from the DFW and/or federal agency and; • There are no known rare or endangered plant or animal species in or adjacent to the project area.

Recommendations have been incorporated into the project design to avoid adverse environmental impacts to wildlife (see "Other Conditions"). **OTHER CONDITIONS: (Effect 15)
DFW/USFWS recommendations:_
Additional reasons: The Tonner Canyon VMP includes Project Design Features to ensure Plan implementation avoids and/or minimizes potential effects to sensitive plant communities, and sensitive plant and animal species potentially onsite. Biological monitoring will ensure avoidance and/or minimization of effects to sensitive plant communities. Biological monitoring, including pre-project bird nesting surveys during the nesting season, will ensure avoidance of potential impacts to nesting birds. (Appendix D:
g. 2 Biological Assessment; Sage Environmental Group
.16 EFFECT (Wildlife): Could burning this project as planned cause significant negative impacts to known and occupied habitats of rare, endangered, threatened, or sensitive species? NO
*MITIGATION: (Effect 16)
Project has been reviewed by biologists from the DFW, U.S. Fish and Wildlife Service, or other federal agency.

The project area and vicinity is not known or suspected of being used by species of plants or animals so classified.

Recommendations have been incorporated into the project design to avoid adverse environmental impacts to known or potential wildlife habitat (see "Other Conditions"). **OTHER CONDITIONS: (Effect 16)
11 DFW/USFWS recommendations:_
X Additional reasons:_No threatened or endangered plants or animals species were observed on the Study Area. (Appendix D: Pg. 1 Biological Assessment; Sage Environmental Group) Regional Special Status plants and animals with potential to occur include six plants and twenty-two animal species (Appendix D: Pg. 28-31, Table 5.1 &

5.2, Biological Assessment; Sage Environmental Group).
.17 EFFECT (Wildlife): Will the proposed project disrupt critical deer migration corridors or critical habitats of any game species? NO
*MITIGATION: (Effect .17)
A biologist from DFW has reviewed this project and has concluded that:
• This project does not contain known deer migration corridors or other critical habitats of any game species.

No adverse impacts to critical habitat are anticipated from burning this project as Recommendations have been incorporated into the project design to avoid damage to habitat (see "Other Conditions")
Twenty percent of the area will be replanted with grasses and forbs to restore wildlife habitat.
**OTHER CONDITIONS: (Effect .17)
• DFW recommendations:

Additional reasons: Vegetation will be treated as to maintain a natural vegetative mosaic as well as natural species diversity. Therefore, no effects on migration routes are anticipated. "Wildlife movement is relatively unconstrained within the Study Area and the largerTonner Canyon area. Implementation of the VMP would not impact wildlife movement". (Appendix D: Pg. 2 Biological Assessment; Sage Environmental Group). .18 EFFECT (Wildlife/Vegetation): If burning in or adjacent to areas classified as wetlands or riparian • zones: will this project result in undesired changes in vegetation character or other adverse impacts to riparian plants, fish, or wildlife habitat? NO
*MITIGATION: (Effect .18)
DFW biologists have inspected the area and concluded that:

X The proposed burn will not cause undesired changes in riparian plants, fish, or wildlife habitat.

That by incorporating their recommendations the burn will not adversely affect fish, wildlite, or the vegetation character of riparian or wetland areas (see recommendations under "Other Conditions".)
**OTHER CONDITIONS: (Effect 18)
•L The project is not in or adjacent to any known wetland or riparian zone.

DFW recommendations:

Additional reasons: Pile burning and or Prescribed burning will not take place within the riparian zone of any watercourse. Riparian vegetation will be retained along watercourses to protect against any undesirable changes in vegetation character of other adverse impacts to riparian plants, fish, or wildlife habitat.
.19 EFFECT (Air quality): will smoke from the project create a significant hazard to human health or safety? NO
*MITIGATION: (Effect 19)
Through coordination with the local Air Pollution Control District (APCD), the project has been rated for air pollution potential, and an appropriate Smoke Management Plan has been prepared that will minimize the air quality impacts of this project (See attached Smoke Management Plan).
**OTHER CONDITIONS: (Effect.19)
Additional reasons:
.20 EFFECT (Archaeology): Will archaeological, cultural, or historical resources be adversely affected by this project? NO
*MITIGATION: (Effect .20)
The attached record search by the Regional Officer of the California Archaeological Inventory recommends:
a. No site survey was warranted for this project as proposed. b. A site survey was conducted and appropriate measures have been incorporated into the project design to avoid adverse impacts to located sites (see "Other Conditions").

Soil will not be disturbed in areas where this would harm the resources.

Specific sites will be left unburned if burning would tend to degrade the resources.

Crews will be carefully supervised to avoid unauthorized collecting or other disturbance of the site.

X Areas have been marked to be avoided by machinery, handcrews or fire. **OTHER CONDITIONS: (Effect 20)
• Archaeology mitigation measures:_
Additional reasons: There are no known sites within the project area. One archaeological site was identified within a ½ mile radius of the project site.However, this archeological site is not located within the project area and therefore will not be impacted. .21 EFFECT (Survey Markers): Are land survey markers vulnerable to damage or destruction during vegetation treatment or burning within the proposed project area? NO
*MITIGATION: (Effect .21)
Survey markers are protected from project impacts by excluding heavy equipment and fire from the vicinity of known markers.
13 **OTHER CONDITIONS: (Effect .21)
There are no known land survey markers within the project area that would be affected by project activities.

Additional reasons:: Areas where markers are present will be marked for avoidance. .22 EFFECT (Visual): If any part of the proposed project be located upon highly visible slopes; is this project of such a size and design as to cause significant visual distraction and/or loss of aesthetic value? (Include visual impact of pretreatment effects, such as creation of mechanical or -handconstructed firelines.)-
*MITIGATION: (Effect .22)
Straight line boundaries and other strong linear configurations will be avoided as much as feasible.

Area will not be 100% cleared through burning operations; unburned areas will be left to add textural variety.

Natural or existing features will be followed, such as streamcourses, vegetation type lines, ridgetops, etc.

Fireline edges on the outside-of-the-burn side will be feathered into the natural landscape, with brush cuttings used to disguise the lines and provide soil cover after the burn. **OTHER CONDITIONS: (Effect 22)
• Project will not be burned upon highly visible slopes and/or visual impact expected to be minimal.

X Additional reasons:_The project will be implemented to create a vegetation mosaic to avoid the loss of aesthetic value.
.23 EFFECT (Greenhouse Gases): If burning large areas will this project cause a net increase in atmospheric greenhouse gases? NO
*MITIGATION: (Effect 23)
No more of the project area will be burned than is necessary for fire safety, as determined by the CAL FIRE Regional Chief.

Landowner to re-seed if regeneration not apparent after burn, or if burn vegetation loss is greater than desired.

Trees will be protected through use of a cool prescription and/or clear around trees for protection.
• Landowner will protect tree seedlings from livestock grazing while regeneration is occurring.

Landowner will plant trees when natural regeneration fails.

Adjacent areas will be burned only after project site recovers sufficiently to create a pattern of young and old growth.

The project will be burned in a pattern to create and maintain a mosaic of old and young growth structure.
14 **OTHER CONDITIONS: (Effect 23)
L Only grass will be burned in the project. The carbon released by the grass will be resequestered the following winter and spring.
• The Project area will be fully stocked with trees upon completion of the burn. The trees will resequester the carbon released by the project.

X Additional reasons: : Due to the diverse pattern of the vegetation treatments and residual vegetation retention the project should be carbon neutral.

See Green House Emission disscusion attached below.
15 Attachments: (X)
Archaeological reviews
Wildlife reviews
Other reviews
Recommendation by CAL FIRE staff archaeologist
Archaeological survey results
CNDDB results
Recommendation of biologists
Other comments: (list)
Consultation letters/e-mails
ARTICLE 6. RESOURCE PROTECTION
Green House Emissions Discussion
16 ARTICLE 6. RESOURCE PROTECTION
s 1569. Resource Protection Guidelines.

Resource Protection Guidelines (14 CAC 1569.1, 1569.6) have been established for chaparral management in order to minimize damage from chaparral management practices. These guidelines shall be a part of the management plan submitted by an applicant. The management plan should demonstrate compliance with applicable sections of this article.

Note: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Section 4475, Public Resources s 1569.1. Wildlife Protection.
(a) Riparian vegetation found along streams and lakes and within marshes, wet meadows, and other wet areas, shall be retained and protected except when managed as part of a fish and wildlife habitat improvement practice, and necessary measures to minimize damage from these practices have been implemented. (b) All live trees and snags with visible evidence of use as nesting and roosting sites by rare, endangered, or threatened bird species, shall be left undisturbed. Participants are encouraged to leave all snags near streams, lakes and meadows undisturbed.
(c) No projects shall be performed on lands known to support populations of state-listed rare and endangered animals or plants unless an environmental review conducted according to 1565.2(a)(4) indicates that the proposed projects) will improve such habitat.
(d) Participants are encouraged to retain some older, acorn-producing oaks, to create deer forage lanes in brushfields, and to plant other vegetation to promote species diversity and improve wildlife habitat when such practices are not in conflict with program goals.
(e) If existing vegetation, other than riparian species, is necessary to maintain stream temperatures, such vegetation shall not be removed.

Note: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4462, 4467, 4475, 21001(a), (b), (c), (f), 21002, Public Resources Code.
s 1569.2. Watercourse and Lake Protection.
(a) Throughout the course of the project, the applicant shall keep the watercourse and lake protection zone free of slash, debris, and other material that will harm fish, wildlife, or other beneficial uses of water. Accidental deposits shall be removed immediately.
such serving wil pen grease or rue, or onl
toxic substances to enter lakes, watercourses, or wet areas. (c) Except when performing fish and wildlife habitat improvement practices or forest land conservation practices, heavy earth-moving equipment working on the project area shall be prohibited from working within 15.24m (50 feet) slope distance above the watercourse or lake protection zone. Wider protection zones may be required following an environmental review of the project conducted according to 14 CAC 1565.2(a)(4). (d) The participant shall be responsible for complying with applicable sections of the Fish and Game Code and local ordinances.
(e) The project's impact on domestic water supplies shall be considered during the project design stage. 17 Note: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4462, 4467, 4475, 21001(a), (b), (C), (f), 21002, Public Resources Code.
s 1569.3. Wet Meadows, Marshes, and Other Wet Areas.

No activities shall be permitted in wet meadows, marshes, and other wet areas unless such activities are forest land conservation practices or fish and wildlife habitat improvement practices, and necessary measures to minimize damage from these practices have been implemented.

Note: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4462, 4467, 4475, 21001(a), (b), (c), (f), 21002, Public Resources Code.
s 1569.4. Erosion Control.
(a) Activities on identified geologic hazard areas shall be avoided. (b) Brush removed from slopes with a bulldozer shall be windrowed along the contour. Windrowed brush may be disposed of by burning or any other appropriate methods prior to planting or seeding. (c) Heavy equipment shall not be operated on the project area when soils are approaching field capacity, or when such activity would cause excessive soil damage.
(d) Heavy equipment shall not be operated on known potential or active slide areas. (e) Planned type conversions from shrub species to grass shall be limited to situations that will neither cause accelerated erosion, nor contribute to landslides or other mass wasting, and that are edaphically appropriate.

Note: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4462, 4467, 4475, 21001(a), (b), (c), (f), 21002, Public Resources Code.
s 1569.5. Use of Chemicals.

The applicant shall assure that all chemicals used for site preparation and follow-up work shall be applied in accordance with all federal, state, and local laws and regulations.

Note: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 21001(a), (b), (c), (f), 21002, Public Resources Code; Sections 14006 and 14011, Food and Agricultural Code. s 1569.6. Smoke Management.
(a) Each project plan shall include a Smoke Management Plan. The Plan shall make provisions to prevent the significant deterioration of air quality through prescribed burning and to direct smoke away from smoke sensitive (b) The Plan shall follow the guideline and checklist of the Chaparral Management Environmental Impact Report.
(c) Local Air Pollution Control District rules with respect to smoke emissions will be followed. (d) Each permit shall include the statement: "This permit is valid only on those days during which agricultural burning is not prohibited by the State Air Resources Board or by a district pursuant to Section 41855 of the Health and Safety Code."
(e) Burning shall only be allowed on Burn Days as determined by the Air Resources Board, except on areas 18 declared to be fire hazards.
(f) A permit to burn on No-Burn days may be obtained from an Air Pollution Control District when denial to burn would threaten imminent and substantial economic loss.
(g) On burns prescribed to improve the wildlife habitat, a written statement shall first be obtained by the permittee from the DFW certifying that the burning is desirable and proper for the improvement of land for wildlife or game habitat. This statement shall be provided by the local Fish and Game Officer assigned to the project and will be filed with the local air pollution control officer. (h) On completion of a burn, a report shall be submitted to the local district or APCO stating the following information:
(1) Date of the burn
(2) Type of vegetation burned
(3) Estimated acreage or tonnage of vegetation burned.

Note: Authority cited: Section 4475.5(b), Public Resources Code; Section 13055 and 41801, Health and Safety Code. Reference: Sections 4141, 4142, 21000, 21001(a), (b), (c), (f), and 21002, Public Resources General Green House Gas Discussion
2019 GREENHOUSE GAS EMISSIONS:

Background*
Gases that trap heat in the atmosphere are called greenhouse gases (GHGs), and include carbon dioxide (CO2), methane (CH4), nitrous oxide (NO2) and others. the concentration of GHGs in the Earth's atmosphere have increased significantly since the industrial revolution, with CO2 recently reaching concentrations believed to be unprecedented in the last 3 million years. The Earth's climate has warmed significantly over the last century, and since the 1950's many of the observed changes are unprecedented over decades to millennia. The scientific consensus is that anthropogenic (human caused) greenhouse gas emissions are the primary cause.

The impacts are already being seen in California, including declining snowpack, rising sea levels, and increasing area burned by wildfire.
19 Understory - 90
Dead
Roots
240 1250 Grassland Soil
300
- Grassland Biomass. 30
Above-Ground Cropland Soil, 40
Cropland Biomess. 50
Biomass
Forest & Other
890 Other Land Soil
Shrubland 15%
150
85%
Other Land Biomass, 10
Developed Land Soil
180
Sol Developed Land
2050 Biomass, 30
Wetland Soil, 30
Figure E-1. 2014 distribution of biomass and soil carbon stocks on the California landscape in MMT carbon (rounded to the nearest 10 MMT). There is approximately 5,340 MMT of carbon in the carbon pools for the year 2014.*
From: California Air Resources Board. 2018. An Inventory of Ecosystem Carbon in California's Natural and Working Lands. https://www.arb.ca.gov/cc/inventory/pubs/nwlinventory.pdf CO2 is the primary GHG emitted through human activities. CO2 exists naturally in earth systems, cycling through the atmosphere, oceans, plants and animals (a process known as the carbon cycle). Terrestrial ecosystems "sequester" (or capture and store) elemental carbon largely through photosynthesis, whereby CO2 is removed from the atmosphere and converted into carbohydrates. It remains stored in living and dead tissues above and belowground, until it is released back to the atmosphere through respiration, decay or combustion, including through wildfires and prescribed fires.

Strategies for mitigating climate change are centered on reducing our net GHG emissions (the balance between emissions and sequestration) to reduce the rate at which the climate is warming. This means not only reducing fossil fuel emissions, but also increasing the carbon stored in natural systems, as well as stabilizing that storage over long periods of time. Natural and working lands, including forests, shrublands, wetlands and other natural systems provide important storage for ecosystem carbon. In California, it is estimated that 85% of terrestrial carbon is stored in forests and shrublands. However, these systems are under increasing pressures from a warming climate that threatens its capacity to act as a carbon "sink", including increasing wildfire activity, tree mortality from drought, and shifting of areas suitable for forest species.

California's Approach to Climate Change
California has undertaken a progressive, ambitious, multifaceted and integrated approach to reducing net GHG emissions in the coming decades. Natural and working lands play an important role in the State's strategies, especially forests. These strategies include ensuring sequestration of at least 5 million metric tons of CO2 annually in forests, and reducing the occurrence and area of unplanned high severity wildfires through significantly increased pace and scale of fuel treatment, including prescribed fire. The California legislature allocates proceeds from the state's innovative cap-and-trade program to support a wide range of programs and projects that further reduce greenhouse gas emissions and deliver other economic, environmental and public health benefits. At CAL FIRE, these programs include the CCI Forest Health, CCI Urban and Community Forestry and CCI Fire Prevention programs.

Prescribed Fire and GHG Emissions
Through combustion of live and dead biomass, and conversion of live biomass to dead, prescribed fires and wildfires emit greenhouse gasses (GHGs) into the atmosphere. Although CO2 can remain in the atmosphere for long periods, other GHGs such as methane (CH4), hydrofluorocarbons (HFCs) and black carbon are shorter 20 lived, but can still have a powerful climate "forcing" effect. Fires also emit criteria pollutants such as particulate matter (PM 2.5 and PM 10) and carbon monoxide, which can have harmful effects on human health and the environment.

Prescribed fires and other forms of fuel management are implemented to reduce total fuel load and disrupt horizontal and vertical live and dead fuel continuity, to reduce fire intensity, rate of spread, and crown fire potential. These changes are intended either to facilitate future wildfire suppression (and thereby reduce burned area or to reduce future wildfire severity (the amount of biomass killed) or both. In some cases, prescribed fire is used as a restoration tool to alter vegetation structure and/or composition, such as with fire- induced thinning of overly dense forest stands. Over the long term, returning periodic fire to fire-adapted ecosystems such as the dry montane forests of California with an appropriate frequency, timing and severity can help maintain these systems in a more "resilient" state in which they can withstand or recover from unplanned wildfire or other disturbances in a relatively short time-period. In this way, prescribed fire and other forms of fuel management are meant to avoid or reduce significant future unplanned GHG emissions.

Estimating GHG Emissions and benefits from Prescribed Fire Evaluation of GHG emissions impacts and benefits associated with a prescribed fire is usually done in the Vegetation Management Plan development process, or equivalent environmental review. Current requirements for GHG analysis are described on CAL FIRE's VMP intranet page and in the VMP Guidebook.

It is also performed as a part of grant applications to CAL FIRE's Forest Health program, as required by the California Air Resources Board's funding guidelines for CCI programs. Methods for GHG accounting in the Forest Health program are described here. Estimates of GHG and criteria pollutant emissions from a prescribed fire can be made using established models or equations that relate fuel load (mass) and moisture to consumption and emissions. These equations are collected in the First Order Fire Effects Model (FOFEM) program. FOFEM allows a user to choose a pre-defined fuel model for an area, modify default fuel loads and moistures, and calculate consumption and emissions for a fire under those conditions. An example of FOFEM run outputs is provided here.
4 FOFEM 6.0 X
File Options Help
Project File Region PacficWest
Fuel - Smoke - Sol Mortalty
Season Summer v
Adjustments
Soil Moist. / Type
Moistures 10
Output Consumed ] /1440 082 | 1.00 3.20300 / 0.060

1.16 Reports Graphs
TITLE: Results of FOFEM model execution on date: 5/29/2019 Fuel Fuel
Consumption FUEL EMISSIONS CALCULATIONS Consumption
cificie
Smoke Smoke
Emissions Natural Emissions
Sol Heating Soil Heating
Fairies - smolderin total
----
Fire Intensty
Report
34583 34701
co 2 32122 172886
NOX 58
Report Totals 502 115 133
Wite
Clear 01:17:00
Heipful Tip
Unit Average Conbustion Efficiency:

Right Mouse Cick Report Wndow for Optiens
21 However, a full accounting of the GHG impacts of prescribed fire would include more than just the immediate, near-term emissions from a prescribed fire. Additional considerations could include, but aren't limited to:
• Mobile emissions, including from transportation and equipment • Pre-fire fuel treatment activities such as thinning, mastication, piling and burning etc. • Energy generated from biomass removed in pre-treatment and taken to a bioenergy facility • Conversion of biomass from live to dead
• Impact on residual forest stand vigor, such as an improved growth rate due to reduced competition • Avoided future wildfire emissions from within the burn unit, considering the likelihood of fire impacting the area in the future.
• Avoided future wildfire emissions outside the burn unit, considering the likelihood of fire impacting the area in the future.
22 CITY COUNCIL
ITEM NO. 8.1

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Bing Hyun, Assistant City Manager
DATE: March 14, 2024
SUBJECT: Introduction and Consideration of Zoning Code Amendment No. 24-01, an Ordinance Amending Title 17 (Zoning) of the City of Industry Municipal Code to Amend Chapter 17.08 (Definitions) and Add Chapter 17.80 (Accessory Dwelling Units and Junior Accessory Dwelling Units), and Adopting a Notice of Exemptior Regarding Same, and Making Findings In Support Thereof

BACKGROUND
The State legislature adopted new regulations imposing an affirmative duty on local governments to encourage development of accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs") as a method to increase the State's supply of affordable housing. Some of these laws are summarized below:
- AB 345 - Requires the allowance of the separate conveyance of ADUs from the primary dwelling in certain circumstances.
- AB 3182 - An application for an ADU or JADU must be deemed approved if the local government has not acted on the completed application within 60 days. - AB 881, AB 68, and SB 13 - Reduces barriers to the development of ADUs and JADUs by prohibiting minimum ADUs size of less than 850 square feet, clarifies that replacement of off-street parking spaces cannot be required if an ADU is created through the conversion of a garage, carport. or covered parking structure, and reduces local jurisdictions' review time from 120 days to 60 days.

These ADU and JADUs regulations (collectively "ADU laws") require cities to approve ADU and JADU applications ministerially ("over the counter"). Further, Program 2 (Zoning Code Amendments) of the City's 2021-2029 Housing Element commits the City to define and permit ADUs by-right on any lot in the Recreation and Open Space ("ROS") Zone and Housing Overlay Zone ("HOZ") that allows single- or multifamily housing in accordance with California Government Code 65852.2(a).

Additionally, Program 4 (Accessory Dwelling Unit Incentives) of the City's 2021-2029 Housing Element commits the City to develop an ordinance that defines and permits ADUs in accordance with state law.

Currently, the City's Code does not provide a process for facilitating the development of ADUs and JADUs. The City wishes to comply with State regulations and maintain its Housing Element certification by amending the City's Code. If approved by the City Council, Ordinance No. 829 will establish a process for the development of ADUs and JADUs.

DISCUSSION
An ADU is an attached or detached structure that provides individual living facilities and includes permanent provisions for living, sleeping, eating, cooking, and sanitation. ADUs are sometimes referred to as granny flats. A JADU is a repurposed existing bedroom within a single-family home and includes a wet-bar kitchen and an exterior entrance. A JADU is a separate living space within the existing home that is connected, but private.

The proposed ordinance amends Chapter 17.08 (Definitions) and adds Chapter 17.80 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Title 17 (Zoning) to the City's Code, to provide a procedure for developing ADUs and JADUs under the ADU laws. The proposed ordinance is summarized below:
- Applications are ministerial and must be processed within 60 days of receipt of a complete application.
- An ADU or JADU is allowable on a single-family residential property, and an ADU is allowable on a both single and multifamily residential property. The State requires certain exemptions that are included in the proposed ordinance under 17.80.030(D).
- An ADU may be a minimum of 850 square feet for a studio or 1,000 square feet for one or more bedroom, and not more than 50% of the primary residence. The floor area of the primary residence will not be considered if the ADU is 800 square feet or less. - Neither an ADU nor JADU may be used for short-term rentals of less than 30 consecutive days.

STAFF ANALYSIS
Staff recommends that the City Council adopt Ordinance No. 829, amending Title 17 (Zoning) of the City's Code, to amend Chapter 17.08 (Definitions) and add Chapter 17.80 (Accessory Dwelling Units and Junior Dwelling Units), and adopt a notice of exemption regarding same. Adoption of the proposed ordinance facilitates the City's compliance with ADU laws, and is consistent with the City's General Plan based on the findings below.
a. The proposed ordinance is in conformity with the goals and policies of the City's General Plan because Program 2 of the 2021-2029 Housing Element provides that the City "Idlefine and permit ADUs by-right on any lot that allows single- or multifamily housing in accordance with the [Government] Code § 65852.2(a) in the ROS Zone and HOZ. Goal: Yield 4 ADUs", and Program 4 of the 2021-2029 Housing Element provides that the City "[d]evelop an ordinance that defines and permits ADUs in accordance with state law. (Target 4 ADUs by the end of 2029)". Although Program 2 of the Housing Element does not specifically reference JADUs, it is reasonable the proposed ordinance includes JADUs as subsection (3)(A) of Government Code § 65852.2(a) establishes identical ministerial approval requirements for both ADUs and JADUs, and Government Code § 65852.22 provides local jurisdictions "may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones." The purpose of the proposed Zoning Code Amendment No. 23-02 is to establish an ADU and JADU process. The proposed Zoning Code Amendment actually implements two specific objectives contained within the General Plan and is, therefore, consistent.
b. The adoption of the ADU and JADU ordinance is consistent with the City's Zoning Code because Section 17.04.030 of the City's Code states that "the City Council may establish zones to promote the public safety, health and welfare and to carry out the purposes of the planning law of the state" and the purpose of adopting the proposed ordinance is to comply with both State ADU and Housing Element Laws. Additionally, pursuant to Section 17.22.010 of the City's Code, "the intent and purpose of the Housing Overlay Zone (hereinafter "HOZ") [is] to facilitate housing development tang din and net that out. consistent with the City's adopted housing element and ensure that housing will be compatible with surrounding land uses" and the proposed regulations will implement Programs 2 and 4 of the adopted housing element.

PUBLIC HEARING
The required Public Hearing Notice (Exhibit B) was published in the San Gabriel Valley Tribune on March 1, 2024, and was posted at City Hall, Fire Station 118, City Hall, Council Chambers, and the City's webpage on March 1, 2024.

FISCAL IMPACT
There is no fiscal impact associated with this agenda report. State law allows the City to charge impact fees proportionately in relation to the square footage of the primary dwelling unit. The City currently does not impose impact fees on any projects. No new fee is proposed at this time.

RECOMMENDATION
Staff recommends that the City Council 1) waive reading of Ordinance No. 829 and read by title only; and 2) introduce Ordinance No. 829, an Ordinance of the City Council of the City of Industry, amending Title 17 (Zoning) of the City of Industry Municipal Code, to amend Chapter 17.08 (Definitions) and add Chapter 17.80 (Accessory Dwelling Units and Junior Accessory Dwelling Units), adopting a Notice of Exemption, and making findings in support thereof.

Attachments
A. Ordinance No. 829
A. Ordinance No. 829
B. Notice of Public Hearing
ORDINANCE NO. 829

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, AMENDING TITLE 17 (ZONING) OF THE CITY OF
INDUSTRY MUNICIPAL CODE, TO AMEND CHAPTER 17.08
(DEFINITIONS) AND ADD CHAPTER 17.80 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS), • AND

ADOPTING A NOTICE OF EXEMPTION REGARDING SAME, AND

MAKING FINDINGS IN SUPPORT THEREOF

RECITALS
WHEREAS, the State legislature enacted and amended California Government Code Sections 65852.2 and 65852.22, imposing an affirmative duty on local governments to encourage the development of accessory dwelling units ("ADUs") and junioraccessory dwelling units ("JADUs"); and
WHEREAS, California Government Code Sections 65852.2(h)(1) requires local governments to submit a copy of the ADU ordinance to the California Department of Housing and Community Development ("HCD") within 60 days after adoption, and HCD may submit written findings to the local governments as to whether the ordinance complies with state law; and
WHEREAS, Program 2 of the 2021-2029 Housing Element commits the City to define and permit ADUs by-right on any parcel in the Recreation and Open Space Zone ('ROS") and Housing Overlay Zone ("HOZ") that allows single-or multifamily housing in accordance with the California Government Code Sections 65852.2(a); and develop an ordina, Croat it and peris us in a dance state a a to

HEREAS,
Element to permit ADUs and JabUsited under state law and the adopted Housing WHEREAS, the City intends to implement requirements of state law and add local policies that are consistent with state law and implement the City's General Plan; and WHEREAS, based on Staff's review and assessment, the proposed Ordinance is exempt from the California Environmental Quality Act ("CEQA", ", Public Resources Code § 21000 et seq.) pursuant to the general rule in Section 15061(b)(3) of the CEQA Guidelines (Chapter 3, of Title 14, of the California Code of Regulations) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Additionally, the proposed Ordinance is exempt from CEQA pursuant to Public Resources Code Section 21080.17, which provides that CEQA does not apply to the adoption of an ordinance to implement the provisions of Government Code Sections 65852.1 and 65852.2. The proposed Ordinance implements the provisions of Government Code Section 65852.2, which is the state's ADU law and also regulates junior accessory dwelling units as set forth under Government Code Section 65852.22.

As such, the adoption of the ordinance is exempt from CEQA; and WHEREAS, on February 17, 2024, notice of the Planning Commission's February 27,2024 public hearing on the proposed Zoning Code amendment was published in the San Gabriel Tribune, and was posted City Hall, City's Council Chambers, Fire Station 118, and on the City's website; and
WHEREAS, on February 27, 2024, the Planning Commission of the City of Industry conducted a duly noticed publichearing on Zoning Code Amendment No. 24-01, and considered all testimony written and oral, and adopted Resolution No. PC 2024-01, recommending the City Council adopt the Ordinance; and
WHEREAS, on March 1, 2024, notice of the City Council's March 14, 2024, public hearing on Ordinance No. 829 was published in the San Gabriel Valley Tribune, in compliance with the City's Municipal Code and Government Code Section 65090; and WHEREAS, on March 1, 2024, notice of the City Council's March 14, 2024, public hearing on Ordinance No. 829 was posted at City Hall, the City's Council Chambers, Fire Station 118, and on the City's website; and
WHEREAS, on March 14, 2024, the City Council of the City of Industry conducted a duly noticed public hearing on Ordinance No. 829, and considered all testimony written and oral; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Findings.

The City Council finds that based upon substantial evidence presented to the City Council during the March 14, 2024 public hearing, including public testimony and oral staff reports, that all of the facts set forth in the Recitals are true and correct, and are incorporated herein by reference.

SECTION 2. CEQA Findings.

The proposed Municipal Code amendment has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"). The City Council has determined that the text amendment is statutorily exempt from the requirements of CEQA pursuantto Public Resources Code Section 21080.17, which provides that CEQA does not apply to the adoption of an ordinance to implement the provisions of Government Code Section 65852.2. Further, the City Council has determined that the text amendment does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that adoption of the ordinance has no possibility of having a significant effect on the environment. The proposed amendment does not contemplate any specific project requiring discretionary review. Any future project that requires discretionary review will be analyzed at the appropriate time in accordance with any applicable CEQA requirements. This amendmenten acts a procedure as required by state law and does not change the density, intensity, or allowed uses or have other effects on the environment. Based on the foregoing, the City Council approves and adopts the Notice of Exemption. The City Council further directs Staff to file the Notice of Exemption, as authorized by law.

SECTION 3. Zoning Code Text Amendment Findings.

Based upon substantial evidence presented to the City Council during the March 14, 2024 public hearing, including public testimony and written and oral staff reports, and which includes without limitation, CEQA, the CEQA Guidelines, and the City's Code, and any documents provided by the public to the City Council at the March 14, 2024 public hearing, the City Council finds as follows:
a. The proposed ordinance is in conformity with the goals and policies of the City's General Plan because Program 2 of the 2021-2029 Housing Element provides that the City "Idlefine and permit ADUs by-righton any lot that allows single-or multifamily housing in accordance with the Government Code §65852.2(a) in the ROS Zone and HOZ. Goal: Yield 4 ADUs", and Program 4 of the 2021-2029 Housing Elementprovide that the City "Idjevelop an ordinance that defines and permits ADUs in accordance with state law. (Target 4 ADUs by the end of 2029)." The purpose of the proposed Zoning Code Amendment No. 24-01 is to establish an accessory dwelling unitand junior accessory dwelling unitprocess, thereby implementing two specific objectives of the City's General Plan. b. The adoption of an accessory dwelling unit and junior accessory dwelling unit ordinance is consistent with the City's Zoning Code because the purpose of adopting the ordinance is to comply with State law. Pursuant to Section

17.04.030 of the City Code, "lilt is further declared that the city council deems the zones established pursuant to this title to be best suited to provide for and promote the public safety, health and welfare and to carry out the purposes of the planning law of the state." The proposed Ordinance will implement Programs 2 and 4 of the adopted housing element. Finally, Califomia Government Code Section 65583(c)(7) provides that housing elements will "Idlevelop a plan that incentivizes and promotes the creation of accessory dwelling units thatcan be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households." The proposed accessory dwelling units and junior accessory dwelling units ordinance facilitates the developmentof accessory dwelling units and junior accessory dwelling units in order for the City's 2021-2029 Housing Elementto comply with state law and, therefore, "will carry out the purposes of the planning law of the state"
c. The proposed Zoning Code amendment is not detrimental to the public health, safety or general welfare, because it furthers the State's commitment to increasing the supply of housing.

SECTION 4. Municipal Code Amendment.

Sections 17.08.003 (Accessory dwelling unit), 17.08.096 (Junioraccessory dwelling unit), and 17.08.112 (Publictransit) are hereby added to Chapter 17.08 (Definitions), of Title 17 (Zoning) of the City of Industry Municipal Code, to read in their entirety as follows:

17.08.003 Accessory dwelling unit.
"Accessory dwelling unit" means an attached or a detached residential dwelling unit that a parcel with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the limited to, the following:
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. (B) Manufactured housing.

17.08.096 Junior accessory dwelling unit.
"Junior accessory dwelling unit" means a dwelling unit that is no more than 500 square feet in size and contained entirely within a single-family dwelling. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the single-family dwelling.

17.08.112 Public transit.
"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

SECTION 5. Municipal Code Amendment.

Chapter 17.80 (Accessory Dwelling Units and Junior Accessory Dwelling Units), is hereby added to Title 17 (Zoning) of the City of Industry Municipal Code, to read in its entirety as follows:

CHAPTER 17.80

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS Sections:

17.80.010 Intent and purpose.

17.80.020 Applications and processing.

17.80.030 General requirements.

17.80.040 Development and design standards - accessory dwelling units.

17.80.050 Development and design standards - junior accessory dwelling units.

17.80.060 Utilities and impact fees.

17.80.010 Intent and purpose.

The purpose of this chapter is to provide a procedure for permitting accessory dwelling units and junior accessory dwelling units, consistent with the provisions of Califomia Government Code Sections 65852.2 and 65852.22.

17.80.020 Applications and processing.
(A) Applications to create or serve a junioraccessory dwelling unitor an accessory dwelling unit shall be ministerially processed and either approved or denied without discretionary review or a hearing within 60 days of receipt of a complete application. It the application is denied, the city will provide, within the 60-day review period, a complete list of the application's deficiencies and describe how the applicant can remedy the application.
(B) Notwith standing subdivision (A) above, if the application is submitted with an application to create a single-family dwelling or multifamily dwelling on the parcel, the application for the junior accessory dwelling unit or accessory dwelling unit shall not be acted upon until the application for the new single-family dwelling or multifamily dwelling is approved or denied. Once the application for the new single-family dwelling or multifamily dwelling has been approved or denied, the application forth e junior accessory dwelling unit or accessory dwelling unit shall be ministerially processed and either approved or denied within 60 days. Occupancy of the junior accessory dwelling unitor accessory dwelling unit shall not be allowed until the city approves occupancy of the primary dwelling unit.
(C) The city shall granta delay in processing the permit application if requested by the applicant, in which case the 60-day period is tolled for the period of the requested delay.
(D) If the applicant applies for a demolition permit to demolish a detached garage and a building permit to construct a detached accessory dwelling unit, the demolition permit and building permit for the detached accessory dwelling unit will be issued at the same time.
(E) An application for an accessory dwelling unit or junior accessory dwelling unit shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to publichealth and safety and are not affected by the construction of the proposed dwelling.

17.80.030 General requirements
(A) Zoning. Accessory dwelling units are allowed on parcels zoned to allow single- family dwellings or multifamily dwellings, including mixed-use zones. Junior accessory dwelling units are allowed on parcels located in single-family residential zones and are not permitted on a property with a multifamily dwelling. (B) Single-family Dwellings. The following may be permitted on a parcel with an existing or proposed single family dwelling:
(1) One junior accessory dwelling unit that meets the standards in Section 17.80.050 below. A junior accessory dwelling unit is only permitted on a parcel with no more than one existing or proposed single-family dwelling; or
(2) One new construction, attached or detached accessory dwelling unit that meets the standards in Section 17.80.040 below.
(C) Multi-family Dwellings. One accessory dwelling unit that meets the standards of Section 17.80.040 below shall be permitted on a parcel with an existing or proposed multifamily dwelling.
(D) Exempt Accessory Dwelling Units and Junior Accessory Dwelling Units.

Accessory dwelling units permitted under this subsection (D) are exempt from the developmentand design standards provided in Section 17.80.040 below. If an accessory dwelling unit or junior accessory dwelling unit does not exist on a parcel, if an accessory dwelling unit or junior accessory dwelling unit is not proposed on a parcel pursuant to subsection 17.80.030(B) or (C) above, or if an accessory dwelling unitor junior accessory dwelling exists on a parcel but the development of an additional accessory dwelling unit or of a junior accessory dwelling unit would not exceed the what is allowed under this this Subsection (D), an application for a building permit within a residential or mixed-use zone shall be ministerially approved to create any of the following:
(1) Not more than one accessory dwelling unit and one junior accessory dwelling unit per parcel with a proposed or existing single-family dwelling if all of the following apply:
(a) The accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(b) The space has exterior access from the proposed or existing single-family dwelling.
(c) The side and rear setbacks are sufficient for fire and safety. (d) The junioraccessory dwelling unitcomplies with the requirements of Section 17.80.050.
(2) Not more than one detached, new construction accessory dwelling unit andone junioraccessory dwelling unitper parcel with a proposed or existing single family dwelling if all of the following apply:
(a) The side and rear yard setbacks are not less than four feet; (b) The accessory dwelling unit does not exceed 800 square feet in floor area; and
(c) The accessory dwelling unit does not exceed the height limitation as provided in subsection 17.80.040(F); and
(d) The junior accessory dwelling unitcomplies with the requirements of Section 17.80.050.
(3) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, butnot limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each accessory dwelling unit complies with state building standards for dwellings. The city shall allow at least one accessory dwelling unit with in an existing multifamily dwelling and shall allow up to the number equivalent to 25 percent of the existing multifamily dwelling units. (4) Not more than two accessory dwelling units that are located on a parcel that has an existing or proposed multifamily dwelling if the accessory dwelling units are detached from that multifamily dwelling, do not exceed the allowed height pursuant to subsection 17.80.040(F), and have rear yard and side setbacks of no more than four feet. If the existing multifamily dwelling has a rear or side setback of less than fourfeet, the city shall notrequire any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph.
(E) Sale and Rental of Accessory Dwelling Units and Junior Accessory Dwelling Units.
(1) Neither accessory dwelling units norjunior accessory dwelling units may be sold separately from the primary dwelling unit. However, an accessory dwelling unit may be owned by multiple owners as tenants in common if the single-family dwelling and accessory dwelling unit were developed by a qualified nonprofit, as that term is defined in and pursuantto Government Code Section 65852.26 and the transaction meets the requirements of Government Code Section 65852.26.
(2) Junior accessory dwelling units and accessory dwelling units may be rented independently of the primary dwelling unit. However, neither the junior accessory dwelling unitnorthe accessory dwelling unitmay be used for short-term residential rentals of less than 30 consecutive days.
(F) Building Code Requirements. Accessory dwelling units and junior accessory dwelling units shall comply with all applicable building code requirements.

Notwith standing this requirement:
(1) Fire sprinklers are not required in an accessory dwelling unit if they are not required for the single-family dwelling or multifamily dwelling. Fire sprinklers cannot be required for an existing single-family dwelling or multifamily dwelling as a condition of the construction of an accessory dwelling unit; and
(2) The new construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety or the accessory dwelling un it is converted from unhabitable or nonresidential space.
(G) A certificate of occupancy for an accessory dwelling unit shall not be issued before the city issues a certificate of occupancy for the primary dwelling. (H) Covenants. Prior to issuance of a building permit for an accessory dwelling unit, the owner of the parcel shall record a covenant with the Los Angeles County Recorder in a form prescribed by the city, which shall run with the land and provide for the following:
(1) A prohibition on the sale of the accessory dwelling unit separate from the sale of the single-family dwelling or multifamily dwelling; and (2) A restriction on renting the accessory dwelling unit for fewer than 30 consecutive calendar days.

17.80.040 Development and design standards - Accessory dwelling units (A) The accessory dwelling unit shall comply with the requirements of the underlying zoning district and all other municipal code provisions unless:
(1) The requirements are inconsistent with the provisions of this chapter, in which case the standards of this chapter shall apply; or (2) The application is to legalize an unpermitted accessory dwelling unitthat was constructed prior to January 1, 2018, even if the accessory dwelling unit is nonconforming with local zoning, Government Code Section 65852.2, or California and local building code requirements. The city can deny the application for an unpermitted accessory dwelling as described in this subsection (A)(2) if the city makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. The section shall not apply to a building that is deemed substandard pursuant to Health and Safety Code Section 17920.3. (3) Limits on size based on a percentage of the proposed or existing primary dwelling, parcel coverage, floor area ratio, front set back, open space, and size shall permit or shall be waived to allow a detached or attached accessory dwelling unit up to 800 square feet in size with four-foot side and rear yards, if the proposed accessory dwelling unit is in compliance with all other development standards. (B) Entrance. The entrance into an accessory dwelling unit shall be separate from the entrance into a single family dwelling and separate from the entrances into the other dwelling units in a multifamily dwelling, as applicable. (C) Parking
(1) The number of off-street parking spaces required for an accessory dwelling unit is equivalent to the lesser of one per accessory dwelling unit or one per bedroom. The parking may be provided as tandem parking on a driveway. The parking shall be permitted in setback areas in locations determined by the city or through tan dem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. Parking is not required for an accessory dwelling unit in any of the following instances:
(a) where the accessory dwelling unit is located within one-half mile walking distance of public tran sit;
(b) where the accessory dwelling unit is located within an architecturally and historically significant historic district; (c) where the accessory dwelling unit is part of the proposed or existing primary dwelling or any accessory structure;
(d) when on-street parking permits are required but not offered to the occupant of the accessory dwelling unit;
(e) where the accessory dwelling unit is located within one block of a car share vehicle pickup location;
(f) when an application for an accessory dwelling unitis submitted with an application to create a new single-family dwelling ora new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph.
(2) If a parking structure is demolished in connection with the construction of an accessory dwelling unit or if a parking structure is converted to an accessory dwelling unit, the off-street parking that was provided in the parking structure is not required to be replaced.
(D) Size
(1) Maximum Size. The floor area of a new construction attached or detached accessory dwelling unit may not exceed the lesser of 50 percent of the floor area of the primary dwelling or 850 square feet for a studio or one bedroom and 1,000 square feet for an accessory dwelling unit that contains more than one bedroom. The limitation based on size of the primary dwelling shall not apply if the accessory dwelling unit is 800 square feet or less.
(2) Minimum Size. No accessory dwelling unit may be smaller than an efficiency unit.
(E) Setbacks. Except as specified below, an accessory dwelling unit is required to comply with the setback requirements of the zone in which the unit is to be located. (1) No setback is required for an existing living area or an existing accessory structure converted to an accessory dwelling unit, or for a new accessory dwelling unit constructed in the same location and built to the same dimensions as an existing structure.
(2) For all other accessory dwelling units, a setback of four feet is required from the rear and side property lines.
(F) Height.
(1) Attached Accessory Dwelling Unit. The height of an attached accessory dwelling unit may not exceed 25 feet or the heightlimitation that applies to the single- family or multifamily dwelling, whicheveris lower. The accessory dwelling unit may not exceed two stories.
(2) Detached Accessory Dwelling Unit. The heightof a detached accessory dwelling unit may not exceed:
(a) 16 feet on a parcel with an existing or proposed single-family dwelling or multifamily dwelling;
(b) 18 feet on a parcel with an existing or proposed single-family dwelling or multifamily dwelling if the parcel is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155. An additional two feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit;
(c) 18 feet on a parcel with an existing or proposed multifamily, multistory dwelling.
(G) Detached accessory dwelling units larger than 800 square feet or any attached accessory dwelling units shall match the architectural design of the primary dwelling unit, including, but not limited to, finish materials, textures and colors, decorative façade treatment such as stone veneer and shutters, roof style and pitch, and scale and form.

17.80.050 Development and design standards - Junior accessory dwelling units (A) The junior accessory dwelling unit shall comply with the requirements of this section 17.80.050.
accessory dwel) Numisis limited to ones par Dewzoing orsingle-family dwellings nior a single-family dwelling built, or proposed to be built, on the parcel. (2) Owner-Occupancy. The owner of the single family dwelling in which the junior accessory dwelling unit will be permitted shall reside in either the single-family dwelling or the junior accessory dwelling unit. Owner-occupancy is not required if the owner is another governmental agency, land trust, or housing organization. (3) Deed Restriction. Prior to issuance of a building permit for a junior accessory dwelling unit, the owner of the parcel shall record a deed restriction with the Los Angeles County Recorder in a form prescribed by the city, which shall run with the land, and provide for the following:
(a) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers.
(b) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(c) A restriction on renting the junioraccessory dwelling unitforfewer than 30 consecutive calendar days; and
(d) A requirement that either the single-family dwelling or the junior accessory dwelling unit be the owner's bona fide principal residence, unless the owneris a governmental agency, land trust, or housing organization. (4) Location. The junior accessory dwelling unit shall be constructed within the walls of the proposed or existing single-family dwelling. For purposes of this paragraph, enclosed uses within the dwelling, such as attached garages, are considered a part of the proposed or existing single-family dwelling. (5) Entrance. A junior accessory dwelling unit shall have a separate entrance from the single family dwelling.
(6) Sanitation Facilities. A junior accessory dwelling unit shall include a separate entrance from the main entrance to the proposed or existing single-family dwelling. It a permitted junior accessory dwelling unit does not include a separate bathroom, the junior accessory dwelling unit shall also have direct access to the main living area of the single-family dwelling so as not to need to go outside to access the bathroom.
(7) Kitchen. A junior accessory dwelling shall contain at least an efficiency kitchen which includes cooking appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit. (D) Replacement Parking. If a junior accessory dwelling unit is constructed in an attached garage, the applicant shall replace the off-street parking for the single family dwelling.

17.80.060 Utilities and impact fees.
(A) An accessory dwelling unit is not considered by the city to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service. However, these provisions do not apply to accessory dwelling units that are constructed concurrently with a new single-family home. (B) City shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more will be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this paragraph, "impact fee" has the same meaning as the term "fee" is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. "Impact fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(C) All new utility extensions shall be placed underground. (D) If an accessory dwelling unit will connect to an onsite wastewater treatment system, the application shall include a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years.

SECTION 5. Clerical Errors.

The City Council directs the City Clerk to correct any clerical errors found in this Chapter, including, but not limited to, typographical errors, irregular numbering, and incorrect section references.

SECTION 6. Severability.

Should any section, subsection, clause, or provisions of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity of unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid, unenforceable, or unconstitutional.

SECTION 7. Effective Date.

In accordance with California Government Code § 36937, this Ordinance shall take effect and be in force thirty (30) days from passage and adoption.

SECTION 8. Publication.

The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this ordinance to be published and posted as required by law.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Industry, California, at a regular meeting held on DATE, 2024, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: K COUNCIL MEMBERS
Cory C. Moss, Mayor
ATTEST:

Julie Gutierrez-Robles, City Clerk

CITY OF INDUSTRY

NOTICE OF PUBLIC HEARING
ZONING CODE AMENDMENT NO. 24-01 (REGULATIONS FOR ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS)
ZONING CODE AMENDMENT NO. 24-02 (REGULATIONS FOR EMERGENCY

HOMELESS SHELTERS, EMPLOYEE HOUSING, LOW-BARRIER

NAVIGATION CENTERS, MANUFACTURED HOUSING, MOBILE HOMES,

SINGLE ROOM OCCUPANCY HOUSING, SUPPORTIVE HOUSING,

ACCESSORY DWELLING UNITS, JUNIOR ACCESSORY DWELLING UNITS,

AND TRANSITIONAL HOUSING FOR THE INSTITUTIONAL ZONE,

RECREATION AND OPEN SPACE ZONE, AND HOUSING OVERLAY ZONE) NOTICE IS HEREBY GIVEN that the City Council of the City of Industry will hold a public hearing on March 14, 2024 at 9:00 a.m., or as soon thereafter as the matter may be heard, in the Council Chambers, located at 15651 Mayor Dave Way, City of Industry, California, to consider the following matter:

Project Description: Consideration of:

Zoning Code Amendment No. 24-01, an Amendment to the Zoning Code to adopt accessory dwelling unit and junior accessory dwelling unit regulations, and adopting a notice of exemption regarding same, and making findings in support thereof; and Zoning Code Amendment No. 24-02, an Amendment to the Zoning Code to amend Chapter 17.08 (Definitions) to add definitions for emergency homeless shelter, employee housing, low-barrier navigation center, manufactured housing, mobile home, and single room occupancy housing, and amend the definition of supportive housing; amend Chapter 17.18 (Institutional Zone) to amend subsection 17.18.050 (Emergency homeless shelters) to revise objective standards for emergency homeless shelters; amend Chapter 17.22 (Housing Overlay Zone) to amend subsection 17.22.030 (Permitted uses) to add junior accessory dwelling units and provide clarification of other existing permitted uses and amend subsection 17.22.040 (Application) to revise procedures for review; amend Chapter 17.26 (Recreation and Open Space Zone) to amend subsection 17.26.020.A (Uses permitted) to add manufactured housing, mobile home, single- room occupancy housing, employee housing, accessory dwelling units, and junior accessory dwelling units, and adopting a notice of exemption regarding same, and making findings in support thereof.

Project Location: Institutional Zone, Recreation and Open Space Zone, and Housing Overlay Zone.

Planning Commission Determination: On February 27, 2024, the Planning Commission conducted a duly noticed public hearing to consider all testimony written and oral, and adopted Resolution No. PC 2024-01, recommending that the City Council adopt Zoning Code Amendment No. 24-01, amending Title 17 (Zoning) of the City of Industry Municipal code to amend Chapter

17.08 (Definitions) and add Chapter 17.80 (Accessory Dwelling Units and Junior Accessory Dwelling Units), and adopt a notice of exemption regarding same, and making findings in support thereof, and Resolution No. PC 2024-02, recommending that the City Council adopt Zoning Code Amendment No. 24-02, amending Chapter 17.08 (Definitions), Chapter 17.18 (Institutional Zone), 15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org

CITY OF INDUSTRY
Chapter 17.22 (Housing Overlay Zone), and Chapter 17.26 (Recreation and Open Space Zone), of Title (Zoning) of the City of Industry Municipal Code, to implement the City's 2021-2029 Housing Element, and adopt a notice of exemption regarding same, and making findings in support thereof.

A copy of all relevant material, including the ordinance, are on file in the City Administrative Offices, 15625 Mayor Dave Way, Suite 100, City of Industry, California 91744 or via the City of Industry's website at www.cityofindustry.org. Please contact Kathy Tai, Development Services Manager, at the City of Industry at 626-333-2211 extension 232 or by email at [email protected] if you have questions.

The time, date and place of such hearing shall be as follows:

Time: 9:00 a.m.

Date: March 14, 2024
Place: City Council Chamber
15651 Mayor Dave Way
City of Industry, CA 91744
Any person wishing to be heard regarding this matter may appear at the above time, date and place. Written comments may be sent via U.S. Mail or by hand delivery to the City of Industry, at 15625 Mayor Dave Way, Suite 100, City of Industry, CA 91744 or via email to the email address listed above. All comments must be received at, or prior to, the date and time of the hearing listed above.

If you challenge the proposed ordinance in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council of the City of Industry at, or prior to, the public hearing.
15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org

Industry City CouncilMarch 14, 2024

Industry City Council
March 14, 2024